Ajay v. Kotteeswari
Case brief
What is this about?
Plaintiff challenged a trial court order condoning a defendant's 334-day delay in seeking to set aside an ex-parte decree of specific performance suit. The High Court declined to go into merits since trial had commenced and directed disposal of the suit within three months.
What did the court decide?
Trial court directed to dispose of O.S.No.18 of 2020 within three months; CRP disposed of without costs; connected CMP closed.
What the court decided
CRP.No. 799 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
Civil Revision Petition No. 799 of 2023 and Civil Miscellaneous Petition No. 6109 of 2023 ---
Ajay …Petitioner versus Kotteeswari ...Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal Order dated November 16, 2022 passed in I.A.No. 1 of 2022 in O.S.No. 18 of 2020, on the file of the District Munsif, Gudiyattam, Vellore District.
For Petitioner : Mr.M.Venkatesh For Respondent : No Appearance ----
1/5
Issues for consideration
1 issue framed by the court
Should condonation of 334 days delay in filing petitions to set aside an ex-parte decree be disturbed in revision when trial has already commenced?
Parties & counsel
- petitioner
Ajay
- respondent
Kotteeswari
Coram
R. Sakthivel
Case details
As recorded by the court registry
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