LAKSHMANA Vs. M MANJU

JUDGEMENT

(1.) The present review petition is filed under Section 114 r/w Order 47, Rule 1 of C. P. C. by the petitioner in C. R. P. No. 1546/04 on the file of this Court seeking review of order dated 19-6-2008 dismissing the said revision petition. There has been delay of about 268 days in filing this review petition and therefore the petitioner herein has filed an application (Misc. Cvl. 6941/2009) seeking condoning of said delay.

(2.) Heard the arguments of Sri. Rajgopal, learned counsel for the review petitioner and Sri. M. Shivappa, learned Senior counsel appearing for the respondent and perused the order of this Court dated 19-6-08 passed in C. R. P. No. 1546/2004 which is sought to be reviewed. Also perused the affidavit sworn to by Sri Ganesh, the next friend of the review petitioner in support of the application for condonation of delay. 2-A. Stated in brief, facts leading to the present review petition are as under : a. The respondent M. Manju obtained an ex parte decree dated 5-10-2001 in O. S. No. 62/2000 on the file of the learned Addl. Civil Judge (Sr. Dn.) Mandya, against the review petitioner-defendant for specific performance. The respondent plaintiff filed Execution Case No. 50/2002 seeking execution of the said decree. The Execution Court allowed the said execution petition and consequently the plaintiff got the sale deed dated 30-1-2003 executed through Court in his favour in terms of the said decree. b. Thereafter, on 21-2-2003, the review petitioner-defendant filed his application under O. 9, R. 13 in Misc. 6/2003 on the file of the learned Addl. Civil Judge (Sr. Dn.), Mandya seeking setting aside of the said exparte decree dated 5-10-2001 passed in O. S. No. 62/2000. The said application came to be allowed by the Trial Court by its order 7-10-2004 and the said ex parte decree came to be set aside. c. Aggrieved by the said order of Trial Court, the plaintiff filed CRP No. 1546/04 before this Court. After hearing both the parties, this Court, by the order dated 19-6-2008 allowed the said CRP (1546/04) on some technical ground and thereby set aside the order dated 7-10-1004 passed in Misc. No. 6/2003 by the Trial Court on the application of the defendant filed under O. 9, R. 13, C.P.C. in the said suit. It is this order of this Court, which is sought to be reviewed in this petition.

(3.) The points that arise for my consideration in this review petition are as under :