BHARATHI Vs. D PRASANNA KUMAR

JUDGEMENT

(1.) The petitioner - plaintiff filed O.S. No. 531/2014 for eviction of the defendant from the suit schedule property and for recovery of arrears of rent. The defendant served and unrepresented and he was placed ex parte. The trial Court considering the evidence of PW.1 and the material documents - Ex.P1 to Ex.P7 by the judgment and decree dated 10.7.2017 decreed the suit and held that the plaintiff is entitled for recovery of Rs.6,00,000/- towards 12 months rent from the defendant and also directed the defendant to quit the suit property within two months and handover the same to the plaintiff, failing which the plaintiff is entitled to take possession of the suit schedule property as per law.

(2.) Aggrieved by the said judgment & decree, the respondent - defendant (tenant) filed Regular Appeal No. 5151/2018 before the lower appellate Court. There was a delay of 165 days in filing the appeal. Therefore the respondent - defendant filed an application for condonation of delay along with the appeal. The petitioner - plaintiff filed objections to the said application.

(3.) The lower appellate court considering the application and the objections and after giving an opportunity to both the parties to adduce evidence by the impugned order dated 28.2.2019 allowed the application and condoned the delay with costs of Rs.5,000/- payable by the respondent - defendant to the petitioner - plaintiff within seven days from the date of the order. Hence the present writ petition is filed.