T. Masilamani vs K. Venkat Narayanan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 168

S. M. SUBRAMANIAM
T. Masilamani – Appellant
Versus
K. Venkat Narayanan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Duraikkan S.Phillip

ORDER :

Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal order dated 02.11.2022 of the learned Additional District Munsif Court, Kancheepuram passed in I.A.No.1 of 2022 in O.S.No.2 of 2013 and allow the Civil Revision Petition.

The Fair and Decreetal order dated 02.11.2022 passed in I.A.No.1 of 2022 in O.S.No.2 of 2013 is under challenge in the present Civil Revision Petition.

2. The revision petitioner is the defendant and the respondents have instituted a Suit for Declaration and Recovery of Possession. The Suit was instituted in the year 2013 and notice was served to the defendant. However, the defendant had chosen not to contest the Suit and remained absent. Thus, the Suit was decreed ex-parte on 02.08.2017 and the respondents/ decree holder instituted Execution Proceedings and thereafter, the revision petitioner/ defendant filed an Interlocutory Application in I.A.No.1 of 2022 in O.S.No.2 of 2013, to condone the delay of 611 days in filing the Interlocutory Application, to set aside the ex-parte decree passed on 02.08.2017. The delay of 611 days was sought to be condoned in Interlocutory Application.

3. T

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