ASHRAF Vs. ANEESA BEEVI

JUDGEMENT

(1.) The petitioner is the plaintiff in O.S.No.302/2003 on the files of the Munsiffs Court, Punalur.

(2.) The first respondent herein was the second defendant in the said suit. The other respondents are the legal heirs of the deceased first respondent.

(3.) The suit was for recovery of possession of the property. The suit was decreed ex-parte on 04.08.2009 as the original defendants were absent on the day fixed for the evidence. Thereafter, the defendants filed I.A.Nos.1123/2011 and 1124/2011, praying for condoning the delay and setting aside the ex-parte decree. It was contended that the first defendant was undergoing treatment for cardiac ailment and the second defendant was the by-stander of the first defendant and hence both the defendants could not appear before the court when the case was listed for trial. The Munsiffs Court did not accept the above contentions of the defendants and accordingly the interlocutory applications were dismissed on 13.04.2012. Thereafter, the original defendants filed C.M.A.No.37/12 challenging the common order dismissing the interlocutory applications. The appellate court dismissed the said appeal on 15.11.2014. While so, the first defendant died. The second defendant and the other legal heirs of the deceased first defendant filed CRP No.184/2015 before this Court. The said CRP was also dismissed. Thereafter, the first defendant and the other legal heirs of the deceased first defendant, filed A.S.No.43/2018 challenging the decree and judgment passed by the trial court on 04.08.2009. Along with the said appeal, I.A.No.223/2018 was filed, praying for condoning the delay of 8 years and 322 days in filing the appeal. The court below as per Ext.P6 order allowed I.A.No.223/2018 and condoned the delay in filing the appeal on costs, against which this original petition has been filed.