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2016 Supreme(Mad) 3323

M.DURAISWAMY
Accord Finance & Properties (Pvt) Ltd. Represented by its Director Mr. Ramesh Nahar – Appellant
Versus
Besser Concrete Systems Ltd. , Represented by Vinod Gurbux Motwani – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr.R.Thiagarajan
For the Respondent: Mr.Anand Venkatesh for M/s. Fox Mandal & Associates

ORDER :

The above Civil Revision Petition has been filed by the decree holder in E.P.No.6 of 2015 in O.S.No.668 of 2014 on the file of District Munsif Court, Chengalpattu, challenging the fair and decreetal order passed in I.A.No.268 of 2016 in A.S.No.24 of 2016 on the file of Additional Subordinate Court, Chengalpattu.

2. The revision petitioner filed the suit in O.S.No.668 of 2014 for delivery of possession. Since the respondent, who is the defendant in the suit, remained absent, they were set exparte and an exparte order was passed on 09.04.2015. Thereafter, the respondent filed an application in I.A.No.1515 of 2015 to condone the delay of 102 days in filing the application to set aside the exparte decree.

3. After contest, he Trial Court dismissed the application on 05.01.2016.

4. Pursuant to the decree passed in O.S.No.668 of 2014, the decree holder-revision petitioner filed an Execution Petition in E.P.No.6 of 2015. The Trial court dismissed the application in I.A.No.1515 of 2015 on 05.01.2016. On the very same day, the Execution Petition in E.P.No.6 of 2015 was also ordered. Pursuant to the order passed in the Execution Petition, delivery warrant was issued on 06.01.2016.

5. Chal


























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