O R D E R

This Civil Revision Petition has been filed against the fair and decreetal order dated 07.01.2019 passed in E.A.No.37 of 2018 in E.P.No.21 of 2017 in RCOP No.2 of 2016 by the District Munsif, Tiruttani.

2. The petitioners herein are the landlords and they had filed RCOP No.2 of 2016 before the District Munsif, Tiruttani against the respondent/tenant for eviction on the ground of willful default in payment of rent. The above said petition was decreed expartee on 12.07.2017 and thereafter, they filed execution petition in E.P.No.21 of 2017 to evict the respondent and in the execution petition, the respondent was set exparte and exparte order was passed on 18.01.2019. Therefore, the respondent filed E.A.No.37 of 2018 to condone the delay of 67 days in filing a petition to setaside the exparte order and to restore the execution petition on file. The above said condonation petition was allowed on 07.01.2019 by the District Munsif, Tiruttani, on payment of costs of Rs.200/-. Aggrieved over by the said order, this civil revision petition has been filed.

3. The learned counsel appearing for the petitioners submitted that till date, the respondent has not filed any petition to set aside the exparte order passed in the main RCOP, which was decreed exparte on 12.07.2017 and hence the RCOP becomes final. Therefore, without filing a petition to set aside the exparte decree passed in the main RCOP petition, the petition cannot be entertained. He further submitted that the petitioners have also taken steps to take delivery of the petition mentioned property with police protection and in such circumstances, the executing court erroneously allowed the condonation petition on payment of cost and hence the said order has to be set aside.

4. The court below has passed an exparte order in the execution petition. To set aside the above said order, the respondent herein has filed a petition to condone the delay of 67 days in filing the restoration petition and the same was allowed on payment of costs, within a time frame. Therefore, nothing wrong in the above said orders passed by the court below and the same does not warrant any interference by this court.

5. At this juncture, the learned counsel for the petitioners make a request before this court to give a direction to the execution court to dispose the execution petition at an early date. Therefore, considering the submission and also taking note of the fact that the RCOP petition is of the year 2016 and exparte decree was passed on 12.07.2017 itself, this court directs the District Munsif, Tiruttani that, if the petition is filed to setaside the exparte order and the same is allowed, dispose the Execution Petition, after giving opportunity to the respondent, as early as possible, within a period 3 months, from the date of allowing the setaside petition.

6. With the above direction, this civil revision petition is dismissed and the order passed by the execution court is upheld. No costs.

consequently, connected miscellaneous petition is closed.

05.03.2020 [4/5]

Note: Issue order copy on or before 12.03.2020 Index : Yes/No Internet: Yes/No Speaking order/Non Speaking order mst To The District Munsif, Tiruttani.

D.KRISHNAKUMAR, J.

mst CMP No.5359 of 2020

05.03.2020 [4/5]