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2013 Supreme(Mad) 4113

P.R.SHIVAKUMAR
Mani Mesthri – Appellant
Versus
Nataraj Kiramani – Respondent


Advocate Appeared:
For the Petitioners:Mrs. Manjula for M/s. Ashok Menon, Advocates.

JUDGMENT

1. The arguments advanced on behalf of the revision petitioners are heard. The grounds of revision and the materials produced in the form of typed set of papers are also perused.

2. The respondent herein filed a suit O.S.No.21 of 2010 on the file of the Principal District Munsif, Cheyyar, against the revision petitioners 1 to 4 herein and one Ramajayam, son of Govindaraji Pillai for permanent injunction restraining them not to trespass into the suit property and cause disturbance to the peaceful possession and enjoyment of the same by the respondent herein/plaintiff. Since the defendants in the said suit did not appear, they were set exparte and the trial Court proceeded with the exparte trial and at the end of the exparte trial passed an exparte decree granting the relief of permanent injunction as prayed for in the plaint. Such a decree came to be passed on 30.03.2010.

3. After a lapse of 15 months from the said date of passing of the exparte decree, the revision petitioners, who figured as defendants 1,2,4 and 5, chose to file an application under Order IX Rule 13 CPC for setting aside the exparte decree dated 30.03.2010 made in the above said suit O.S.No.21 of 2010. As th







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