S.Kedarnath v. S.Badrinath

A NO. 1787 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-04-2025

CORAM

THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 1787 of 2025 IN CS NO. 121 OF 2024 S.Kedarnath S/o R.Subramaniam, No.16.Dr.Nair Road, T.Nagar, Chennai - 17. Applicant(s) Vs S.Badrinath S/o R.Subramaniam, Block No.4/1e, Asvini Amarisa, 77th Kalasathamman Koil St., Ramapuram, Chennai 89. Respondent(s) For Applicant(s): Mr.P.S.Ganesh For Respondent(s): Mr.S.Baskaran

ORDER

The instant Application had been filed to set aside the exparte order dated 05.03.2025 made in C.S.No.121 of 2024.

2.Heard both sides.

3.The learned counsel appearing for the respondent/plaintiff had vehemently opposed the application by contending that many material facts had been suppressed by the defendant even in the written statement and had also placed reliance upon the dates and

events leading to the said case and would submit that there is no case that had been made out by the defendant in the written statement which is yet to be filed before this Court. The said claim made by the learned counsel for the respondent/plaintiff are all on the merits of the Suit.

4.Considering the fact that the present Application had been taken out by the applicant/defendant to set aside the exparte order dated 05.03.2025 made in C.S.No.121 of 2024, I do not find any impediment in allowing the present Application and the same stands ordered.

5.The learned counsel appearing for the applicant/defendant had also submitted that he had also filed a written statement along with an Application in S.R.No.42133 of 2025 to condone the delay in filing the same.

6.Registry is directed to verify the condone the delay Application in S.R.No.42133 of 2025 and list the same, if it is otherwise in order. List the matter on 15.04.2025.

03-04-2025 Gba (1/2)

To

1. S.Badrinath S/o R.Subramaniam, Block No.4/1e, Asvini Amarisa, 77th Kalasathamman Koil St., Ramapuram, Chennai 89.