P SUBRAMANIAN Vs. S VISWASAM

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 10.08.2004 in I.A. No. 27 of 2004 in O.S. No. 109 of 1999 on the file of the learned Subordinate Judge, Devakottai, whereby and whereunder the request made by the Petitioners 1 and 2 to condone the delay of 1147 days in filing the application to set aside the exparte decree dated 27.09.2000 was dismissed.

(2.) The suit in O.S. No. 109 of 1999 was instituted by the Respondent against the Petitioners 1 and 2 (hereinafter referred to as "the Petitioners") praying for a decree of specific performance based on the agreement stated to have been executed between the parties on 23.01.1997. In the said suit, notice was issued to the Petitioners.

(3.) Subsequently, the decree was executed by registering the sale deed in the name of the Respondent. Thereafter, the Respondent filed an application in E.A. No. 278 of 2003 to put him in possession of the property. Notice was issued in the said execution application. Notice was served by affixture and immediately, the Petitioners preferred an Interlocutory Application in I.A. No. 27 of 2004 to set aside the exparte decree after condoning the delay of 1147 days.