O R D E R

This Civil Revision Petition has been filed against the order, dated 05.02.2016 in I.A No.396 of 2013 in O.S No.108 of 2001 on the file of the Sub Court, Devakottai.

2.The revision petitioner as plaintiff has filed the suit O.S No.

108 of 2001 on the file of the Sub Court, Devakottai against the respondent/defendant for the relief of specific performance. On 25.09.2002, the defendant set ex-parte and an ex-parte decree was passed. The revision petitioner/defendant filed an application in I.A No.396 of 2013 in O.S No.108 of 2001 to condone the delay of 3,655 days in filing the application to set aside the ex-parte decree. The said application was dismissed by the trial court, by order, dated 05.02.2016. Aggrieved by the said order, the revision petitioner is before this court.

3.Heard both sides and perused the materials available on record.

4.The learned counsel appearing for the respondent/plaintiff filed a memo stating that the said ex-parte decree was set aside on 25.06.2002 on an application filed by the petitioner/defendant in I.A No.195 of 2002 restoring the suit providing an opportunity to the petitioner to defend the suit and again the petitioner/defendant failed to appear and defend the suit and hence, the trial court passed an exparte order on 25.09.2002 ordering that the petitioner/defendant has to execute a registered sale deed on or before 25.10.2002, failing which the court itself would execute and register such a sale deed to the respondent/plaintiff. The defendant has not chosen to obey the decree of the civil court compelling the respondent/plaintiff to file an execution petition in E.P No.13 of 2004, wherein also the petitioner/defendant entered appearance, but subsequently, he was set exparte for his non appearance and finally, the executing court executed a registered sale deed on 15.06.2004 in favour of the respondent/plaintiff. Thereafter, the petitioner/defendant filed an E.A No.126 of 2004 seeking to set aside the sale deed which was dismissed on 11.01.2005. Thereafter, E.A No.46 of 2005 was filed by the respondent/plaintiff for delivery of possession, and in consequence thereof, physical possession was handed over to the respondent/plaintiff and filed a report to that effect on 08.07.2005. Hence, the executing court recorded delivery of possession in favour of the respondent/plaintiff and terminated the entire execution petition proceedings on 29.07.2005. On the basis of the delivery of possession and termination of execution petition, the respondent/plaintiff obtained mutation of revenue records in his favour and obtained patta. After such physical possession and enjoyment for over 15 years, the respondent/plaintiff sold the suit property in favour of a third party on 11.10.2019. The said 3rd party has been in physical possession and enjoyment of the same for the past two years with mutation of revenue records. Hence, the respondent/plaintiff has no right or title to the suit property. Therefore, it is held that the petition filed by the petitioner/defendant to set aside the ex-parte decree, dated 25.09.2002 in O.S No.108 of 2001, which was dismissed on

05.02.2016 has become infructuous.

5.In the result, this civil revision petition is dismissed as infructuous. No costs.

14.06.2021 Index:Yes/No Internet:Yes/No er Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1.The Sub Court, Devakottai.

2.The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.

T.KRISHNAVALLI.J., er CRP(NPD)(MD)No.417 of 2017

14.06.2021