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2016 Supreme(Mad) 2091

M.DURAISWAMY
S. Mohammed Ali Jinnah – Appellant
Versus
M. Gnanam – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Rajaramani
For the Respondent: Mr. S. Karthik Ganesh

ORDER :

Challenging the order passed in I.A. No. 3296 of 2016 in O.S. No. 6976 of 2013 on the file of the II Assistant Judge, City Civil Court, Chennai, the plaintiff has filed the above Civil Revision Petition.

2. The plaintiff filed the suit in O.S. No. 6976 of 2013 for recovery of possession and for mesne profit.

3. Since the defendant failed to appear before the trial Court, the trial Court passed an exparte decree on 06.11.2014. Pursuant to the decree granted in O.S. No. 6976 of 2013, the plaintiff filed an Execution Petition in E.P. No. 3283 of 2015. Even in the Execution Petition, the defendant remained absent and hence, he was set exparte in the execution proceedings. Thereafter, the defendant filed an application before the Executing Court to set aside the order with a delay of 61 days.

4. The learned counsel appearing on either side submitted that the said application is pending before the Executing Court. Simultaneously, the defendant also filed an application in I.A. No. 784 of 2016 to condone the delay of 331 days in filing the petition to set aside the exparte decree. The defendant also filed an application in I.A. No. 3296 of 2016 in O.S. No. 6976 of 2013 to stay all fu












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