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2019 Supreme(Mad) 274

M.V.MURALIDARAN
Venkatesh Coke & Power Limited – Appellant
Versus
Otto India Private Limited, Rep. by its Partner A. Naraynan – Respondent


Advocates:
Advocate Appeared:
For the Appellants :M.V. Seshachari, Advocate.
For the Respondent:M. Kalyanasundaram, Senior Counsel for M/s. S. Ponjeganathan, Advocate.

JUDGMENT :

1. This Civil Miscellaneous Appeal is directed against the order dated 4.8.2018 passed by the learned I Additional District Judge, Thiruvallur in E.A.No.48 of 2017 in E.P.No.128 of 2017 in C.S.No.196 of 2005, dismissing the petition filed by the appellant to set aside the ex parte order dated 22.10.2008.

2. The appellants are the judgment-debtors/defendants and the respondent herein is the decree-holder/plaintiff in E.P.No.128 of 2017 filed by the respondent.

3. Originally the Execution Petition was filed before the Principal District Court, Thiruvallur in E.P.No.12 of 2008. Pending Execution Petition, the appellants have filed petition in E.A.No.562 of 2016 under Order 21, Rule 106 CPC seeking to set aside the ex parte order dated 22.10.2008 passed in E.P.No.12 of 2008. Subsequently, the E.P.No.12 of 2008 was transferred to the file of the I Additional District Court, Thiruvallur and numbered as E.A.No.128 of 2017 and consequently, E.A.No.562 of 2016 was numbered as E.A.No.48 of 2017.

4. The appellants have filed E.A.No.48 of 2017 (E.A.No.562 of 2016) alleging that on 25.8.2016, when the workers of the first appellant were involved in the site preparation by way of cleaning





























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