M.GOVINDARAJ
Meena – Appellant
Versus
R. K. Balan – Respondent
JUDGMENT :
(Prayer in C.R.P(NPD)No.4287 of 2017: Civil Revision petitions filed under Sec.115 of C.P.C against the order dated 27.10.2017 passed in I.A.No.131 of 2015 in UN.A.S.Sr.No.6971 of 2015 on the file of Sub Court, Tambaram.)
1. Revision petitioner is the defendant in the suit. Aggrieved over the dismissal of the petition to condone the delay in filing the appeal, she has preferred the present revision.
2. According to her, the respondent filed a suit for declaration of title and delivery of possession by demolishing the offending structure put up by the petitioner and for permanent injunction. Petitioner filed written statement, but remained absent during trial. She was set ex-parte and an ex-parte decree was passed on 07.04.2010. On receiving notice in the execution petition filed by the respondent for demolishing the house of the petitioner, she became aware of the subsequent developments in the suit and immediately filed a petition to set aside the ex-parte decree along with a petition to condone the delay. The condone delay petition was dismissed and the same was confirmed by the High Court in a Civil Revision preferred by her, not being satisfied with the reasons. Theref
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