The order under challenge is Ext.P5 passed by the court below whereby the interlocutory application filed by the petitioner before the court below as I.A. 758 of 2014 in O.S.
36 of 2014 which, this Court directed the court below to consider along with another application, was dismissed by the court below on the ground that in the description of the property shown in the schedule, the block number is not shown.
2. Learned counsel points out that it is only a curable defect and that cannot be taken as a ground to dismiss the application when there is no other infirmity and that the petitioner may be allowed to cure the defects or file fresh application and that may be directed to be disposed of afresh.
O.P.(C).2075/2014. 2
3. Even though notice was served on the respondent, there was no appearance.
4. In the light of the submission made by the learned counsel for the petitioner, the impugned order is set aside and the petitioner is granted liberty to file fresh application for the same relief within two weeks from the date of this judgment. There will be a further direction to the court below to consider the said application and dispose of the same in accordance with law and on merits as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
P. BHAVADASAN, JUDGE sb.