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Madras High CourtCRP(MD)/2386/2014allowed

Thangavel, v. Kuppusamy,

2015-01-21Honourable Mrs Justice Pushpa Sathyanarayana1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2015

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(NPD)(MD)No.2386 of 2014 Thangavel :Petitioner/Petitioner/1st Defendant Vs.

Kuppusamy :Respondent/Respondent/Plaintiff Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to call for the records and set aside the fair and decreetal order dated 05.07.2014 in E.A.No.38 of 2009 in E.P.No.12 of 2009 on the file of the District Munsif Court, Ottanchatram. For Petitioner : Mr.H.Lakshmi Shankar *******

ORDER

****** It is represented that C.R.P.(PD)(MD)Nos.2200 and 2201 of 2014 were filed by the same petitioner challenging the order refusing to condone the delay of 193 days in filing the petition to set aside the exparte decree and also to set aside the exparte decree. This Court had allowed both the revisions on 16.12.2014. The present revision is also between the same parties and the order impugned is the dismissal of E.A.No.38 of 2009, thereby, refusing to set aside the exparte order passed in E.P.No.12 of 2009.

2. In view of the fact that the exparte decree itself has been set aside, the impugned order dated 05.07.2014 passed in E.A.No.38 of 2009 in E.P.No.12 of 2009, on the file of the District Munsif Court, Ottanchatram is also set aside and the Civil Revision Petition is allowed accordingly. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To The District Munsif, Ottanchatram.

+1CC to M/s.H.Lakshmi Shankar, Advocate in SR.2791 C.R.P.(NPD)(MD)No.2386 of 2014 21.01.2015 sml PBK 05/02/2015 ::1P-3C:

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