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Madras High CourtA/1457/2021allowed

Sathyamoorthy v. R.A.Ramalingam And 15 Others

2021-03-30Honourable Mr Justice R. Pongiappan2 pages

A.Nos.1457 and 1458 of 2021 in C.S.No.420 of 2016 A.Nos.1457 and 1458 of 2021 in C.S.No.420 of 2016 R.PONGIAPPAN, J., Application No.1458 of 2021 has been filed by the applicant / third defendant, praying to set aside the ex parte order dated 23.02.2021 in C.S.No.420 of 2016.

2. Today, when at the time the said application is taken up for hearing, the learned counsel appearing for the respondents appeared before this Court through Video Conferencing and made submission as the respondents are not having any objection in allowing this application.

3. Hence, in view of the same, this application is allowed. Ex parte order dated 23.02.2021 passed by this Court, is set aside.

4. Similarly, A.No.1457 of 2021 has been filed by the same applicant / third defendant, praying to condone the delay of 1638 days in filing the written statement of the third defendant in C.S.No.420 of 2016. 1/2 http://www.judis.nic.in

A.Nos.1457 and 1458 of 2021 in C.S.No.420 of 2016 R.PONGIAPPAN, J.

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5. In respect to the said application also, the learned counsel appearing for the respondents would submit that the respondents are not having any objection in allowing this application. More than that, having regard to the nature of averments mentioned in the affidavit filed in support of the application and also in order to give a fair opportunity to the applicant to defend the suit, I am inclined to condone the delay.

6. Accordingly, A.No.1457 of 2021, is allowed. Written statement filed by the third defendant, is received.

7. Registry is directed to post the matter on 27.04.2021, for framing issues.

30.03.2021 sri A.Nos.1457 and 1458 of 2021 in C.S.No.420 of 2016 2/2 http://www.judis.nic.in