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2022 Supreme(Mad) 379

P.T.ASHA
C. Avaranjiyammal – Appellant
Versus
S. Selvaraj – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.R.Rajamohan
For the Respondent: Mr.R.Manickam

ORDER :

(Heard through Video Conferencing)

1. The defendants are the revision petitioners before this Court challenging the order, dated 10.03.2015, passed by the learned District Munsif cum Judicial Magistrate, Bodinayakanur, dismissing the application filed by the defendants for condoning the delay of 1755 days in filing the application to set aside the ex-parte decree.

2. The plaintiff/respondent herein had filed a suit in O.S.No.71 of 2007 to declare a Sale Deed dated 12.09.1996 as null and void and for an injunction restraining the petitioners herein from interfering with his possession and enjoyment of the suit property.

3. The 2nd petitioner had entered appearance and filed a written statement refuting the claim of the respondent. However, though written statement was filed, the petitioners had not participated in the trial of the suit and therefore, an ex-parte decree came to be passed on 17.08.2009. The petitioners have thereafter, filed an application for condoning the delay of 1755 days in filing the petition to set aside the ex-parte decree. In the said application, the reasons given were that the 2nd petitioner was suffering from Jaundice and his wife, the 1st petitioner w

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