R.BANUMATHI, J. :-

This intra Court appeal is preferred against the order of learned single Judge in D.No.40597 of 2011 in C.S.No.340 of 2010 (14.2.2012) directing the Appellants-Defendants 1 to 3 to file appropriate application to condone the delay in filing the application to set aside the exparte decree dated 28.09.2011. Appellants are Defendants 1 to 3 in the suit.

2. Brief facts:- Suit property – six grounds in T.S.No.7085/1 and 7085/2 of Thiyagaraya Nagar, Chennai originally belonged to C.P. Natesa Mudaliar, who died intestate on 04.01.1974 leaving behind his wife and children as under:-

C.P. Natesa Mudaliar (died on 04.01.1974)

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N. Saras- N. Samala N. Kasthuri V. Vimala

N.T. Arasu N. Baskaran

wathy (daughter) (daughter) (unmarried

(son) (son)

(wife) (D2) (D3) daughter (died

on (D1)

(died on died on 30.05.96)

1.11.09)

14.10.93)

Case of Respondent-Plaintiff is that all the legal heirs of C.P. Natesa Mudaliar agreed to sell the suit property to the Respondent and received a