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2021 Supreme(Mad) 637

P.T.ASHA
P. N. Gopinathan – Appellant
Versus
O. Harendra Kumar Dave (Deceased) – Respondent


Advocates Appeared:
For the Applicant :T.V. Krishnamachari, Advocate.
For the Respondents:R. Venkat Raman for M/s. Tatva Legal Chennai, Advocates.

JUDGMENT :

Prayer in A.No.9558 of 2019: Judges summons filed under Order XIV Rule 12 of the Original Side Rules, 1956 to set aside the order passed by the learned master in A.No.6810 of 2019 in C.S.No.413 of 2002 dated 20.11.2019 on the grounds of appeal as stated in the affidavit and the appeal may be allowed.

A.No.9559 of 2019: Judges summons filed under Order XIV Rule 8 of the Original Side Rules, 1956 read with Section 151 of CPC to stay of all further proceedings arising out of the order and decreetal order passed in A.No.6810 of 2019 in C.S.No.413 of 2002 dated 20.11.2019 by the learned Master pending disposal of the appeal.

1. The legal representatives of the deceased 1st defendant had moved an application in A.No.6810 of 2019 to condone the delay of 4026 days in filing an application to set aside the ex parte decree dated 12.06.2008 in C.S.No.413 of 2002. The delay having been condoned by the learned Master the plaintiff is before this Court by filing A.No.9558 of 2019. The plaintiff has also filed A.No.9559 of 2019 seeking stay of all further proceedings pursuant to the order in A.No.6810 of 2019.

2. The facts which has to be traversed for appreciating the challenge to the ord

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