K NANDAGOPAL CHETTY Vs. J R ARTS

JUDGEMENT

(1.) THE above original side appeal has been filed against the order of the learned single Judge dated 25. 04. 2005 made in Application No. 3765 of 2004 in C. S. No. 1314 of 1995, in and by which the learned Judge set aside the ex parte decree dated 20. 04. 2004 passed in C. S. No. 1314 of 1995 on deposit of Rs. 25 ,000 /- to the credit of said suit on or before 30. 06. 2005.

(2.) HEARD the learned counsel for the appellant as well as the contesting respondents 3 to 6.

(3.) ON the other hand, Mr. Ramasubramnaiam, learned counsel appearing for the contesting respondents pointed out that in view of the fact that the matter was adjourned on several occasions for resolving the dispute amicably and in the light of the reasons stated in the affidavit filed in support of the application, as well as taking note of the fact that even after setting aside the ex parte decree it would be possible for the parties to settle the issue, the learned Judge by exercising discretion, imposed a reasonable condition, which does not call for any interference by this Court.