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2015 Supreme(Mad) 2638

D.HARIPARANTHAMAN
T. S. Subbaiya – Appellant
Versus
Vengaiyan – Respondent


Advocates Appeared:
Mr. C.M.Mohanasundaram
Mr. P.Wilson, Senior Counsel for M/s. P.Wilson Associates

ORDER

The revision petitioner was brought on record as one of the respondents in E.P.No.7 of 2006 in O.S.No.24 of 1999 on the file of Sub-Court, Cheyyar. The revision petitioner is none other than the brother of the respondent.

2. The respondent herein filed O.S.No.94 of 1993 on the file of Sub-Court, Arani. It is a specific performance suit. The said suit was later transferred to Cheyyar and re-numbered as O.S.No.24 of 1999. In the suit, the first defendant viz., Radhammal was the mother and the second defendant viz., Krishnaveni was one of the sisters of the respondent.

3. Both the defendants remained exparte and an exparte decree was passed on 28.01.2003 in O.S.No.24 of 1999.

4. The mother of the respondent, who was the first defendant in O.S.No.24 of 1999 filed I.A.No.367 of 2003 to condone the delay of 171 days in filing the application to set aside the ex parte decree. The same was dismissed by the Trial Court on 16.06.2004.

5. Thereafter, the mother of the respondent viz., Radhammal filed C.R.P.No.2038 of 2004 against the aforesaid order. This Court dismissed the said Civil Revision Petition vide order dated 09.11.2006.

6. However, the second defendant, namely, Krishnaveni did no






















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