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Madras High CourtA/1927/2024allowed

M.Anantharaj, v. P.Naveenkumar,

2024-07-25Honourable Mr Justice C.V. Karthikeyan3 pages

and Application No. 4051 of 2022 and O.A. No. 602 of 2022 and C.S. No. 196 of 2022 C.V.KARTHIKEYAN, J.

This application has been filed by the defendants in the suit seeking to set aside an exparte order dated 19.10.2023, which had been passed since the applicants herein have not filed their written statement.

2. Counter has been filed stating that though there was an order in the writ petition directing the present applicants to remove the super-structure, but the super-structure was still in existence. Relating to the same, documents have been filed by both sides. Those are issues that can be canvassed only during the course of trial and the documents will have to be assessed only during the course of trial.

3. Along with this application, the written statement has also been filed. It is also stated that the present applicant has filed another suit as

against the respondents /plaintiffs herein and that is pending before the City Civil Court at the stage of trial.

4. Taking into consideration all factors, the application stands allowed, but however, subject to the payment of costs of Rs. 10,000/- to the Cancer Institute, Adyar and to produce the receipt thereof. Such cost to be paid on or before 06.08.2024.

5. List again on 07.08.2024.

25.07.2024 Maya

C.V.KARTHIKEYAN,J.

Maya and Application No. 4051 of 2022 25.07.2024