Mrs.N.Dharani v. K.Balu

in O.A.No.1158 of 2014 in OP.No.956 of 2007 K.KALYANASUNDARAM.,J This application has been filed to set aside the ex-parte order passed in O.A.No.1158 of 2014 in O.P.No.956 of 2007 on 24.09.2019.

2. In the affidavit filed in support of the application, it has been stated that the counsel who is appearing for the applicants is a senior citizen and he was suffering from high blood pressure and diabetic, hence, he could not follow the cause list. It is further stated that they are having valid defence in the Original Petition and they could be given an opportunity to argue the case on merits.

3. Though the learned counsel for the respondent vehemently opposed the application contending that the applicants remained ex-parte deliberately, however considering the averments made in the application, this Court is inclined to set aside the order dated 24.09.2019 in A.No.1158 of 2014 1/ 3

on payment of costs of Rs.5,000/- (Rupees five thousand only) to the learned counsel for the respondent on or before 05.12.2019.

4. Post on 06.12.2019 for reporting compliance. 22.11.2019 pvs 2/ 3

K.KALYANASUNDARAM.,J pvs in O.A.No.1158 of 2014 in OP.No.956 of 2007 22.11.2019 3/ 3