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2022 Supreme(Mad) 717

K.KUMARESH BABU
Sports Development Authority By its Member Secretary, Chennai – Appellant
Versus
Tamil Radhesoami Satsang Association, Represented by its Madras Branch Secretary, Chennai – Respondent


Advocates Appeared:
For the Petitioner:S. Santhosh Kumar, Azhagu Raman, Advocate.
For the Respondent:K.V. Prasad, Advocate.

JUDGMENT :

(Common Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, setting aside the orders dated 23.01.2015 passed in E.A.Nos.3257 & 3256 of 2014 in E.P.No.3944 of 2013 on the file of the Xth Assistant City Civil Court, Chennai.)

1. These civil Revision Petitions are directed against the orders made in E .A. Nos.3256 & 3257 of 2014 dated 23.01.2015 whereby the application filed by the petitioner seeking to condone the delay of three days in filing an application to set aside the ex-parte order and the application to set aside the ex-parte order where dismissed by learned Xth Asst Judge, City Civil Court.

2. The case of the petitioner is that the execution petition was posted for filing counter on 20.06.2014 and there was a delay in preparing the counter, as the back papers could not be collected from the previous counsel on record. Hence the petitioner was set ex-parte and further proceedings posted to 12.08.2014. The petitioner on coming to know about the ex-parte order had filed an application to set aside the same. In filing the application there has occasioned the delay of three days for which also a separate application to condone the delay

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