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2017 Supreme(Mad) 3918

D.KRISHNAKUMAR
K. Duraisamy – Appellant
Versus
E. Kuppusamy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.E.J.Ayyappan, Mr.Anbumani, Amicus Curie.

ORDER :

1. According to the petitioner, originally, the respondent herein filed a suit in O.S.No.97 of 1998 before the Sub Court, Erode for recovery of possession and subsequently the suit was transferred to I Additional District Munsif, Erode and re-numbered as O.S.No.743 of 2004 wherein issues were framed. Thereafter, relationship between the parties was cardial. In view of the cardial relationship between the parties, the petitioner was under the bonafide impression that the first respondent would not prosecute the suit against the petitioner. However, when the petitioner received notice in E.P.No.23 of 2013 filed by the respondent/Decree Holder, he came to know the exparte decree passed against the petitioner in O.S.No.743 of 2004 on 7.10.2004. Thereafter, he filed set aside application along with an application in I.A.No.935 of 2013 to condone the delay of 3213 days on 26.8.2013 . After hearing both sides, the application was dismissed by the Court below on 10.9.2015. Thereafter, the petitioner has filed C.R.P.No.173 of 2016 before this Court. However, the same was withdrawn by the petitioner. Thereafter, the present application in E.A.No.18 of 2016 in E.P.No.23 of 2013 has bee









































































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