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2008 Supreme(Mad) 3743

V.PERIYA KARUPPIAH
Ayyavoo & Others – Appellant
Versus
Krishnan & Others – Respondent


Advocates Appeared:
For the Petitioners:M/s. R. Nalliyappan, Advocate.
For the Respondents:M.M. Sundaresan, Advocate.

Judgment :-

This revision has been preferred by the defendants 1 to 4 who were petitioners in I.A. No: 487 of 2007 in O.S. No: 43 of 2005 against an order of dismissal of their plea to set aside the ex-parte order passed against them on 05.07.2007.

.2. The brief facts of the case pleaded by both the parties before the lower Court are as follows:

.“The suit schedule properties are ancestrol properties. On 02.09.1989 the properties were partitioned and the suit schedule property was allotted to the share of the 1st defendant. The suit filed by the plaintiff in O.S. No: 43 of 2005 was before the Sub Court, Mettur. The case of the revision petitioners was that some compromise talk was going on between the parties and hence, they did not appear before the Court on 05.07.2007 and for their absence on that particular day, they were set ex-parte by the Court and hence, this revision before this Court.”

3. The lower Court had come to the conclusion of dismissing the petition filed by the petitioners / defendants 1 to 4 which was filed for the purpose of setting aside the ex-parte order passed against them. Against the said order, the petitioners have preferred this revision.

.4. Heard bo



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