The court set aside an ex parte order dated 15.03.2023 in a Civil Revision Petition after finding that respondents were not given a proper opportunity of hearing. The appeal was posted and status quo was directed at the trial court.
Recall of ex parte order dated 15.03.2023; Matter posted for 14.09.2023; Trial Court to maintain status quo.
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C.M.P.No.15574 of 2023 in C.R.P.No.441 of 2023
V.BHAVANI SUBBAROYAN, J.
C.M.P.No.15574 of 2023 has been filed to set aside the exparte order
dated 15.03.2023 in C.R.P.No.441 of 2023 on the file of this Court.
2.Heard learned counsel for the petitioners and learned counsel for the
respondents.
3.On perusal of proceedings, it is seen that on 08.03.2023 notice was
ordered for the hearing date as 15.03.2023. Court notice service awaited on 14.03.2023 and the Affidavit of Service was not filed for the private notice. When the matter was taken up for hearing on 15.03.2023, learned counsel for the petitioners had not filed any acknowledgment card to prove that the notice had been served on them. Learned counsel for the petitioners has filed only a cover which has been sent to them as proof. The Registry has not verified whether the notice was served on the respondents, when it was awaits service of notice on 14.03.2023 without informing the same to the Court, when the Court had questioned the same, it has been stated that the same has been answered as there is no representation on the side of the respondents 1 to 8.
4.Learned counsel for the respondents submitted that they received notice only on 16.03.2023 for the appearance on 15.03.2023. He further submitted that without providing an opportunity of hearing to the respondents, this Court had allowed the Civil Revision Petition on 15.03.2023 and therefore, he prays to set aside the exparte order dated 15.03.2023 in C.R.P.No.441 of 2023.
5.Considering the facts and circumstances of the case and the submission made by the learned counsel for the respondents, this petition is ordered as prayed for.
6.This Court is of the view that the order has been obtained without even giving opportunity to the respondents. Therefore, this Court is inclined to recall the earlier order passed by this Court dated 15.03.2023. Accordingly, the order dated 15.03.2023 is recalled.
7.Post the matter on 14.09.2023.
8.The Trial Court is directed to maintain status quo till such time.
21.08.2023
V.BHAVANI SUBBAROYAN, J.
pam
C.M.P.No.15574 of 2023 in C.R.P.No.441 of 2023
21.08.2023
2 issues framed by the court
Whether to set aside an ex parte order granting a Civil Revision Petition due to lack of service on respondents.
Whether to direct the lower court to maintain status quo pending the final decision.
Petitioners
Respondents
V. BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
