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2025 Supreme(Online)(MAD) 17960

HIGH COURT OF MADRAS
P.T.ASHA, J
Kandasamy – Appellant
Versus
Minor K.Saswath Rep by her next friend/Mother Shanmugapriya – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Prabakar
For the Respondents: No representation

ORDER

The second defendant is the revision petitioner before this Court challenging the order passed by the Additional Sub Court, Namakkal in I.A.No.3 of 2024 in O.S.No.210 of 2019.

2.The brief facts which has culminated in the filing of the above Civil Revision Petition are herein below set out:-

The respondent had filed suit in O.S.No.210 of 2019 on the file of the Additional Sub Court, Namakkal seeking partition and separate possession and for injunction from alienation of the suit schedule property. The petitioner was arrayed as the second defendant in the said suit. The petitioner had entered appearance through counsel and the matter was being adjourned for the written statement. On 17.02.2020, since the written statement was not filed, the petitioner was set ex-parte. Therefore, the petitioner had filed I.A.No.3 of 2024 on 05.06.2024 seeking to set side the ex-parte order passed against him on 17.02.2020. The said application was dismissed accepting the counter filed by the respondent that the application for setting aside the ex-parte has been filed after a delay and on the ground that no application for condoning the delay had been filed. The petition was dismissed also on the

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