Mr. S. Ramachandran And Another v. Mr.P.N.Vaidyanatha Iyer And 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-10-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 4432 of 2025 in C.S.No.144 of 2025

1. S. Ramachandran

2. Sujatha Ramachandran Applicant(s) Vs

1. Mr.P.N.Vaidyanatha Iyer 2.Lavanya Venkiteswaran 3.V.M.Venkiteswaran 4.Mahalakshmi 5.Sundar Bharadwaj 6.The Sub Registrar Sub Registrars Office, No.9, Kavignar Bharathidasan Road, Seethammal Colony, MIG Colony, Alwarpet, Ch-18 Respondent(s) PRAYER Application filed under Order XIV Rule 8 of O.S.Rules r/w under Order IX Rule 7 of CPC to set aside the ex-parte order passed against the Applicants in A.No.2971 of 2025 in C.S.No.144 of 2025 dated 04/08/2025 and permit the Applicants to contest the matter on merits.

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For Applicant(s):

Mr. P.Amizhdhu For Respondent:

Mr.B.Ravi Raja for R1 to R4 R5 - No appearance

ORDER

This application is filed to set aside the ex-parte order passed against the applicants in A.No.2971 of 2025 in C.S.No.144 of 2025 dated 04/08/2025.

2. According to the applicants, they are the respondents 1 and 2 in A.No.2971 of 2025 and defendants 1 and 2 in the main suit. After receiving notice, the applicants appeared through their counsel and due to unavoidable circumstances, the learned counsel appearing for the applicants was engaged in other Court and unable to appear before this Court, thereby they were set exparte on 04.08.2025 and the application in A.No.2971 of 2025was allowed in the absence of the applicants, hence the applicants have filed this application.

3. The learned counsel appearing for the respondents 1 to 4 strongly objected to allow this application.

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4. Heard the learned counsel on either side and perused the documents placed on record.

5. On going through the documents on record, it is seen that the learned counsel on both sides appeared and already Advocate Commissioner was appointed and the said Advocate Commissioner also inspected the suit property and both the parties also appeared during the inspection of the Commissioner and the applicants have also received the copy of the commissioner's report, therefore, at this stage, no further order is required to be passed in this application. If at all the applicants have any objection for the commissioner's report, they are at liberty to file the objection. Accordingly, this application is closed.

24-10-2025 Index:Yes/No; Speaking/Non-speaking order ssd To The Sub Registrar Sub Registrars Office, No.9, Kavignar Bharathidasan Road, Seethammal Colony, MIG Colony, Alwarpet, Ch-18 3/4

P.DHANABAL J.

ssd A No. 4432 of 2025 in C.S.No.144 of 2025 24-10-2025 4/4