IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA

in TOS No.23 of 2021

1. K.Mariappan

S/o.Kandasamy Pillai,No.3, Cathedral Road, Gopalapuram, Chennai 600 086.

Applicant(s)

Vs

1. K.Balasubramanian (Deceased)

1.Mallika and 4 others

W/o.Late Balasubramanian,

2.Subbiah

S/o.Late Balasubramanian,

3.Prakash

S/o.Late Balasubramanian,

4.B.Mariappan

S/o.Late Balasubramanian, No.60,

Sethu Rastha, Vedaranyam - 614 809

Nagapattinam District.

Respondent(s)

PRAYER: Application is filed to set aside the exparte order made in

T.O.S.No.23 of 2021 dated 12/03/2025.

For Applicant(s): M/s.S.K. Kannadasan

For Respondent: Mr.N.Pragasam

ORDER

This application is filed to set aside the exparte order made in TOS No.23 of 2021 dated 12.03.2025.

2.The learned counsel for the respondent has no serious objection in allowing this application.

3. The first defendant is said to have filed written statement already. In order to give one more opportunity to the applicant / first defendant to cross- examine the plaintiff side witness and proceed with the trial, I feel this application should be allowed.

4. Accordingly, this application is allowed and the ex parte order made in TOS No.23/2021