Mr. S.M.A.Jamaldeen v. Mr. S.M.A. Abdeen

A.No.3000 of 2024 in C.S.No.234 of 2023 C.V.KARTHIKEYAN, J.

This application has been filed seeking to set aside the order dated 05.03.2024 setting the 1st defendant exparte. This Court on that particular date, had examined the fact that the 1st defendant had not filed the written statement and therefore, had set him as exparte. But, a perusal of the record shows that this is a suit for partition and the 1st defendant has a share in the properties, which are described in the schedule to the plaint. 2.A separate application has also been filed to condone the delay in filing the written statement and along with that particular application, the written statement has also been filed.

3.In view of the bonafide expressed, this application stands allowed. The order setting the 1st defendant as exparte is interfered with and set aside. The Registry to number the application to condone the delay in filing the written statement and put it up for consideration before this Court on 15.07.2024.

25.06.2024 smv 1/2 https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

smv A.No.3000 of 2024 in C.S.No.234 of 2023 25.06.2024 2/2 https://www.mhc.tn.gov.in/judis