C.R.P(MD)No.2177 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI

C.R.P(MD)No.2177 of 2019

and

C.M.P(MD)No.11383 of 2019

P.Ponnusamy

... Petitioner / Petitioner /Defendant

.Vs.

R.Nagaraj

... Respondent / Respondent /Plaintiff

PRAYER: Civil Revision Petition filed under Section 115 of the Code of

Civil Procedure, against the fair and decretal order, dated 04.09.2019,

made in I.A.No.49 of 2019 in O.S.No.63 of 2016, on the file of the

District Judge, Karur.

For Petitioner

: Mr.M.Bindran

For Respondent

: Mr.K.Suresh

ORDER

The instant Civil Revision Petition is preferred by the

defendant, aggrieved by the order passed in I.A.No.49 of 2019 in O.S.

No.63 of 2016, refusing to condone the delay of 691 days in filing the

application to set aside the exparte decree.

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C.R.P(MD)No.2177 of 2019

2. The learned counsel for the petitioner as well as the

respondent are present.

3. The suit has been filed for recovery of money based on

promissory note and in view of non appearance of the defendant, the trial

Court set the defendant exparte and a decree came to be passed on

21.03.2017. The said exparte decree was sought to be set aside in I.A.No.

49 of 2019. However, the trial Court has dismissed the said application,

as against which the present Civil Revision Petition has been filed.

4. The learned counsel for the respondent would fairly submit

that the parties are likely to arrive at an amicable settlement and in order

to facilitate the compromise, he would fairly concede that the Revision

can be allowed for the parties to record a settlement before the trial Court.

5. Recording the fair submission of the learned counsel for

the respondent, the instant Civil Revision Petition stands allowed and the

delay is condoned.

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C.R.P(MD)No.2177 of 2019

6. In view of the dealy being condoned, the trial Court shall

take up the application under Order 9 Rule 13 C.P.C and pass orders after

hearing the parties. There shall be no order as to cost. Consequently,

connected Miscellaneous Petition is closed.

Index:Yes/No

12.10.2023

Internet:Yes/No

NCC:Yes/No

Ls

To

1. The District Judge,

Karur.

2.The Section Officer,

VR Section,

Madurai Bench of Madras High Court,

Madurai.

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C.R.P(MD)No.2177 of 2019

P.B.BALAJI,J.

Ls

C.R.P(MD)No.2177 of 2019

12.10.2023

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