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V. BHAVANI SUBBAROYAN
Kumudha – Appellant
Versus
N. Kuppusamy Mudaliyar – Respondent
ORDER :
1. The Civil Revision Petition has been filed to set aside the order and decreetal order dated 12.09.2019 made in I.A.No.85 of 2010 in O.S.No.112 of 1998 passed by the learned Additional Subordinate Judge, Kanchipuram.
2. The brief facts of the case are as follows:
The petitioner's husband, viz., K.Devarajan is the plaintiff and the respondent is the defendant in O.S.No.112 of 1998, which was filed to pass a decree of declaration that the plaintiff is the absolute owner of the C,D,E and F portion vacant site mentioned in the schedule and to grant permanent injunction against the respondent/defendant and his men restraining them from in any way interfering with the plaintiff's peaceful possession and enjoyment of the said vacant site and further, a decree of declaration that the impugned sale deed dated 22.01.1996 purported to have been executed by the plaintiff in favour of the defendant is forged, concocted, void ab initio, invalid and unenforceable and not binding upon the plaintiff and as consequence grant a permanent injunction against the defendant. The said was decreed ex-parte on 23.12.2003. The respondent/defendant has filed I.A.No.85 of 2010 to condone the delay of 21
The main legal point established is the court's discretion to condone delay in filing a petition, considering the circumstances and the impact on subsequent purchasers.
The court upheld the dismissal of a petition to set aside an ex parte order, emphasizing the importance of timely actions in legal proceedings.
A petitioner must provide a satisfactory explanation for delay under Section 5 of the Limitation Act to warrant condonation of such delay.
The court has the power to set aside an ex parte order under Sec. 5 of the Limitation Act, but lack of a valid reason for delay and failure to take immediate action may not constitute sufficient caus....
Delay in condoning application to set aside ex parte decree cannot be excused without sufficient explanation and diligence.
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