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2022 Supreme(SC) 591

M. R. SHAH, B. V. NAGARATHNA
Mohamed Ali – Appellant
Versus
V. Jaya – Respondent


Advocates Appeared:
For the Appellant : Mr. R. Balasubramanian, Sr. Adv. Mr. Bhupendra Pratap Singh, Adv. Mr. K. Palanikumar, Adv. Mr. D. Kesavan, Adv. Mr. T. Gopal, Adv. Mr. Sachin Sharma, Adv. Mr. Vimal Pani S.C.V., Adv. Mr. G. Sivabalamurugan, AOR Mr. Upender Singh, Adv.
For the Respondent: Mr. S. Gowthaman, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 19.11.2021 passed by the High Court of Madras at Madurai Bench in Civil Revision Petition (NPD) No. 1054/2021 and Civil Revision Petition (PD) No. 1301/2021, by which, in exercise of powers under Article 227 of the Constitution of India the High Court has set aside the ex-parte judgment and decree passed by the learned Trial Court, the original plaintiff has preferred the present appeals.

2. The facts leading to the present appeals in a nutshell are as under:

    2.1 That the appellant herein-original plaintiff instituted a suit being O.S. No. 15/2010 on the file of I Additional District Judge (PCR), Trichy for specific performance of an agreement to sell dated 17.07.2009. The said suit was filed against four defendants. The defendants were placed ex-parte. The learned Trial Court passed an ex-parte judgment and decree dated 31.10.2012. That original defendant Nos. 2 to 4 filed an application to set aside the ex-parte judgment and decree. There was a delay of 2345 days in filing the petition to set aside the ex-parte judgment and decree. Therefore, original defendant Nos. 2 to 4

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