ORDER

O.S.No.31 of 2015 is a suit for Specific Performance. In the said suit, the defendants were served, but, unfortunately, for them, they remained ex-parte. It resulted in passing of an ex-partee decree against them on 29.02.2016. On the basis of the ex-parte decree, E.P.No.121 of 2017 was filed. On being served with Execution Petition, the parties have filed an application to set aside the ex-parte decree together with a petition for condonation of delay of 721 days.

2. In the said application, it was pleaded that the respondents were suffering from viral fever. After receipt of the counter from the respondents and after conducting a detailed enquiry, the learned trial Judge was pleased to condone the delay being satisfied with the “sufficient cause” that has been shown. To balance the interest of parties, the learned trial Judge had imposed a cost of Rs.4,000/-.

3. Learned counsel appearing for the respondents would submit that such cost has already been deposited before the trial Court.

4. Learned counsel for the revision petitioner would submit that sufficient cause has not been shown and therefore, he has to invoke the principles laid down by the Supreme Court in Majji Sannemma alias Sanyasirao vs Reddy Sridevi and Others 2021 SCC Online SC 1260.

5. I have gone through the said judgment of the Supreme Court. That was a situation where the High Court had condoned the delay in exercising of the powers conferred under Order 41 Rule 3-A of Civil Procedure Code. By the time the party had come to High Court, they had already suffered a decree and it was in those circumstances, the Supreme Court held that the High Court was not justified in exercising discretion in favour of persons who had lost the litigation and were lackadaisical in prosecuting the same.

That is not the situation here.

6. The trial Court had exercised its discretion and once a discretion is so exercised, the Supreme Court in N.Balakrishnan vs M.Krishnamurthy 1998 7 SCC 123 has held that Court should not ordinarily interfere with such exercise of discretionary powers. However, considering the fact that the execution petition has been filed, I am inclined to increase the costs to balance the scales, from Rs.4,000/- to Rs.10,000/-.

7. Accordingly, the Civil Revision Petition is partly allowed with the following conditions:

(i) that the respondents shall pay the petitioner Rs.6,000/-(Rupees Six thousand only) within a period of four weeks from today;

(ii) On payment of Rs.6,000/-(Rupees Six thousand only), the Court below is requested to take up the application filed under Order 9 Rule 13 of Civil Procedure Code and allow the same;

(iii) that the respondents shall file a written statement to the suit, if not filed already, within a period of six weeks from today;

(iv) On filing of the written statement, issues shall be framed immediately and the suit should be taken up for trial;

and (v) All efforts should be taken to dispose of the suit in O.S.No.31 of 2015 within a period of nine months (9 months) from the time issues are framed.

8. With the above direction, the Civil Revision Petition is partly allowed. No costs. Consequently, connected miscellaneous petition is allowed.

02.08.2023 Index:Yes/No Speaking order/Non-speaking order sr To The Subordinate Court, Sathyamangalam.

V.LAKSHMINARAYANAN,J.

sr

02.08.2023