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Madras High CourtOA/575/2023stay made absolute

A.D.Padmasingh Isaac And 2 Others v. Karaikudi Aachi Biriyani Mandi And 2 Others

2023-11-09Honourable Mr Justice Abdul Quddhose3 pages

and A. Nos.3219 and 3220 of 2023 in C.S. (COMM. DIV.) No.160 of 2023 ABDUL QUDDHOSE, J.

As directed by this Court in its order dated 17.10.2023, the plaintiffs have effected Substituted Service on the 1st defendant by effecting paper publication in one issue of "Malai Malar", a vernacular daily having wide circulation in the State of Tamil Nadu for today's hearing date. An Affidavit of Service has also been filed by the learned counsel for the plaintiffs enclosing the copy of the paper publication. Despite effecting the Substituted Service, no one has entered appearance on behalf of the 1st defendant. Hence, the 1st defendant is set exparte by this Court in the suit.

2. Since the 1st defendant has not entered appearance in the suit as well as in the applications, the 1st defendant is set exparte both in the suit as well as in the applications.

3. Since the contesting respondent /1st respondent in O.A. Nos.575 and 576 of 2023 has been set exparte by this Court today and the respondents 2 and

3 in the said applications are only intermediaries and formal parties, the interim injunction granted by this Court in O.A. Nos.575 and 576 of 2023 on 28.06.2023 is made absolute by this Court and the said applications are allowed as prayed for.

4. Post the matter before the learned Additional Master IV for recording exparte evidence on 24.11.2023.

09.11.2023 vsi2

ABDUL QUDDHOSE, J.

vsi2 and A. Nos.3219 and 3220 of 2023 in C.S. (COMM. DIV.) No.160 of 2023 09.11.2023