New Mohalla Mosque & v. Madarasa I -Anwarul Islam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2016

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN CRP(PD)No.4834 of 2014 and M.P.No.1 of 2014 New Mohalla Mosque & Burial Ground, Door No.25, Mosque Street, Pallikonda, Rep. by its Muthavalli, P.K.Mohammed Zackaria ...

Petitioner

Versus

Madarasa - i-Anwarul Islam (Boys & Girls) School, Pallikonda, Rep. by its Manager/Secretary Dr.S.Riyaz Ahamed ...

Respondent This petition filed under Article 227 of the Constitution of India, praying to struck off as not maintainable the suit in O.S.No.64 of 2014, pending on the file of the Additional District Munsif, Vellore. For Petitioner :

Ms.G.Sumitra For Respondents :

Mrs.Vedavalli Kumar

ORDER

The learned counsel for the petitioner submitted that during the currency of the revision petition, the petitioner was set ex parte.

2. The learned counsel for the respondent fairly submitted that she has no objection in setting aside the order, in and by which, the petitioner was set ex parte, for the purpose of taking further proceedings in the Civil Suit.

3. The said submission is recorded.

4. The learned Trial Judge is directed to take up the application, which is stated to have been filed by the petitioner to set aside the ex parte order and pass appropriate orders, taking into account the submission made on behalf of the parties, as indicated above.

5. The Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 26.09.2016 ogy To The Additional District Munsif, Vellore.

K.K.SASIDHARAN, J.

ogy CRP(PD)No.4834 of 2014 26.09.2016