ORDER

The Civil Revision Petition is directed against the order passed in I.A.No.1 of 2020 in A.S.No...... of 2020, dated 03.03.2021, on the file of the Principal District Court, Theni, dismissing the petition filed under Order 41 Rule 3(A) C.P.C., to condone the delay of 2765 days in filing the appeal.

2. The respondent as plaintiff has filed a suit in O.S.No.157 of

2002, on the file of the Subordinate Court, Periyakulam claiming the relief of specific performance of the sale agreement dated 23.05.2000. Since the revision petitioner/defendant has remained exparte, an exparte judgment and decree came to be passed on 21.06.2002. The plaintiff has then laid an execution petition in E.P.No.46 of 2005 and since the defendant has remained exparte, a sale deed came to be executed on 29.03.2007 by the Court. Meanwhile, the defendant has filed an application in I.A.No.125 of 2007 under Section 5 of the Limitation Act seeking orders to condone the delay of 1653 days in filing the petiton for setting aside the exparte decree dated 21.06.2002 and also an application for setting aside the exparte decree under Order 9 Rule 13 C.P.C.

3. The respondent/plaintiff has filed a counter statement raising serious objections and the learned Subordinate Judge, Uthamapalayam, after enquiry, dismissed the said petition in I.A.No.125 of 2007, vide order dated 25.10.2007.

4. The defendant, aggrieved by the dismissal of the petition in I.A.No.125 of 2007, filed a revision before this Court in C.R.P.(MD)No. 2435 of 2011 and the same was also ordered to be dismissed by this Court on 01.02.2011. The defendant has then filed a review application in Rev.Aplc.(MD)No.26 of 2011 against the order passed in C.R.P. (MD)No.2435 of 2011. Meanwhile, the plaintiff has filed an application in E.A.No.23 of 2010 seeking delivery of the property, in pursuance of the sale deed executed by the Court. Pending the above execution application in E.A.NO.23 of 2010, the daughters of the defendant have filed a claim petition in E.A.NO.107 of 2013, under Section 47 C.P.C., to quash the entire proceedings between the plaintiff and the defendant and to dismiss the application in E.A.No.23 of 2010 and the main execution petition in E.P.No.46 of 2005. The plaintiff has filed a counter statement raising objections and the Executing Court, after enquiry, has passed an order dated 26.08.2009 dismissing the claim petition. After dismissal of the claim petition, the defendant has filed an appeal challenging the judgment and decree dated 21.06.2002, along with an application under Order 41 Rule 3(A) C.P.C., to condone the delay of 2765 days in filing the appeal.

5. The respondnet has entered into appearance and filed his counter statement. The plaintiff and the defendant have adduced neither oral nor documentary evidence. The learned Principal District Judge, Theni, after conducting an enquiry, has passed the impugned order dated 03.03.2021, dismissing the petition with costs of Rs.10,000/- payable to the respondent/plaintiff. Aggrieved by the order of dismissal, the present Civil Revision Petition came to be filed.

6. The case of the defendant in the affidavit filed in support of the delay condonation petition is that he has already filed an application in I.A.No.125 of 2007 for condoning the delay in filing the petition for setting aside the exparte decree, but the same was dismissed, that the plaintiff at every stage by suggesting that the matter can be compromised, has prevented the defendant from defending the suit, that since the revision in C.R.P.(MD)No.2435 of 2011 is pending before the High Court, there occurred a delay in filing the appeal, that the delay occurred is neither wilful nor wanton, that the plaintiff will not have any objection and no prejudice would be caused to him, if the delay is condoned and that therefore, it has become just and necessary to condone the delay of

2765 days in filing the appeal.

7. The respondent/plaintiff has filed a counter statement raising serious obj