A No. 491 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HONOURABLE DR.JUSTICE R.N.MANJULA A No. 491 of 2026 in C.S.No.462 of 2013 1. Mr.R.Selvam No.192/2, Nalantha Flats, 4 Avenue Shanthi Colony, Thirumangalam, Anna Nagar, Chennai 40 2. M.Lakshmanan Rep By Its Power Of Attorney Holder Mr. R.Selvam No.192/2, Nalantha Flats, 4 Avenue Shanthi Colony, Thirumangalam, Anna Nagar, Chennai 40 Applicant(s) Vs. 1. S.Ramesh S/o.K.V.P.Sadayandi No.15 Nageswara Rao Road T.Nagar Chennai 17 2.M/s.Rajini K Constructions A PARTNERSHIP FIRM REP. BY ITS PARTNERS and 8 others NEW NO.5 APPU STREET 2ND LANE MYLAPORE CH 4 3.Mrs.K.Rajini W/o.Late Mr.Kesavan New No.5 Appu Street 2nd Lane Mylapore Ch 4 4.Mrs.Sasikala W/o.S.J.Bhaskar No.48 Abraham Street Mylapore Ch 4 https://www.mhc.tn.gov.in/judis A No. 491 of 2026 5.Mrs.Sridevi Nagaraj W/o.Late Mr.Nagaraj 6.Master N.Pranav (Minor) S/o.Late Mr.Nagaraj 7.Master N.Aditya (Minor) S/o.Late Mr.Nagaraj Minors 6 And 7 Are Rep. By Their Mother And Natural Guardian Mrs.Sridevi Nagaraj 4th Defendant Herein 8.R.Subramani S/o.K.Radhakrishnan No.30/85 Muthaiah Street Vellala Teynampet Chennai 86 9.P.Veerasamy S/o.Mr.V.Palanivelu No.5/21 Blue Beach Road Neelangarai Chennai - 115 10.S.J.Bhaskar No.48 Abraham Street Mylapore Chennai - 4 11.Aadeish J B S/o.S.J.Baskar, No.48/40, Abraham Street, Mylapore, Chennai-600004 Respondent(s) PRAYER: Application is filed to set aside the order of ex parte dated 26/07/2018 and restore the applicants herein as defendants 10 and 11. For Applicant(s): M/S.K. Krishnamoorthy For Respondent: Mr.C.J.Stanley for M/s.Ramalinga Associates https://www.mhc.tn.gov.in/judis A No. 491 of 2026 ORDER The applicants / defendants 10 and 11 have filed this application to set aside the ex parte order by assigning the reasons of their own inadvertence in making due representation when the matter was listed on 26.07.2018. Even thereafter, the applicants did not pursue the matter and the application to set aside the ex parte order has been filed belatedly only on 30.01.2026. The proceedings in the main suit is still pending. 2. Since the trial has not yet been opened and somehow these applicants have filed the written statement also and that has been received by the Court inadvertently, I feel the ex parte order as against these applicants should be set aside. However, for the delay on the part of the applicants, the respondent / plaintiff should not be prejudiced and in order to compensate the hardship caused to the applicant / plaintiff, I feel this application can be allowed by imposing a cost of Rs.5,000/- to the applicants. 3. The learned counsel for the applicants paid a sum of Rs.5,000/- directly to the learned counsel for the respondents in Court itself and the learned counsel for the respondents also acknowledges the same. https://www.mhc.tn.gov.in/judis A No. 491 of 2026 4. In view of the above, this Application is allowed and the ex parte order dated 26.07.2.018 is hereby set aside and the above suit is taken on file. 10-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No bkn https://www.mhc.tn.gov.in/judis A No. 491 of 2026 R.N.MANJULA J. bkn A No. 491 of 2026 In CS No.462 of 2013 10-02-2026 https://www.mhc.tn.gov.in/judis