MARASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Civil Revision Petition has been filed, to set aside the fair and decreetal order, dated 22.07.2016, made in IA.No.219 of 2016 in the unnumbered Cross Appeal No.Nil of 2016 in AS.No.63 of 2015, by the II Additional District Judge, Erode.

(2.) The facts of the case, in a nutshell, are that Plaintiffs in OS.No.211 of 2012 on the file of the District Munsif Court, Erode are the Petitioners and the Defendants are the Respondents. The suit was filed for declaration of title and permanent injunction. The suit was partly decreed, granting declaration of title alone, by the judgement and decree, dated 17.12.2012. As against the same, the Defendants have filed AS.No.63 of 2015. In the appeal, the Plaintiffs have filed the present application to condone the delay of 63 days in filing the cross appeal. Since the said application was dismissed by the impugned order, this Civil Revision Petition has been filed.

(3.) This court heard the learned counsel on either side and considered their submissions and also carefully perused the materials placed on record.