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Madras High CourtA/2741/2006allowed

Mrs.R. Hemavathy v. P. Jayaraman

2016-11-21Honourable Mr Justice M. Sundar2 pages

A.No.2741 of 2006 in C.S.No.475 of 1998 M.SUNDAR.J., In this application an order of interim stay was granted by this Court on 19.10.2010. Thereafter, one application in Appl. No.6326 of 2010 has been taken out by the 46th defendant in the suit to vacate the interim order, but when the matter was listed on several dates before this Court, the learned counsel for the vacate stay petitioner did not turn up and there was no representation either. Therefore, the vacate stay petition was dismissed on 03.11.2016. Even thereafter, there is no representation on behalf of the vacate stay petitioner. Today, also there is no representation on behalf of the vacate stay petitioner. Therefore, the interim order dated 19.01.2010 granted by this Court in Appl.No.2741 of 2006 is made absolute and the application is allowed.

2. Today, Mr.Jayabalan, learned counsel for 43rd defendant and Mr.R.Thiagarajan, learned counsel for the 47th defendant alone are present before the Court.

3. Considering that the suit is of the year 1998, it is necessary to set down the suit for trial. Post the suit under the caption 'For final disposal' on 01.12.2016. It is made clear that the defendants who did not appear on the said date would be set ex-parte and the suit will be set down

for trial.

M.SUNDAR.J., In the meanwhile, Mr.Jayabalan, undertakes to file an additional typed set of papers including the promissory notes which culminated in the decree. Post the suit under the caption 'For final disposal' on 01.12.2016. 21.11.2016 smi A.No.2741 of 2006 in C.S.No.475 of 1998 http://www.judis.nic.in