R SOWBAGYARAJAN Vs. MARIMUTHU GOUNDER

JUDGEMENT

(1.) THIS Revision has been filed by the Petitioner in E.A. No. 13 of 2005 in E.P.No.100 of 2002 in O.S. No.77 of 1985 against the order of dismissal passed by the lower Court in finding the final decree passed in O.S.No.77 of 1985 on the file of the II Additional Sub-Judge, Coimbatore as a nullity and incapable of execution and to dismiss E.P.No.100 of 2002.

(2.) HEARD Mr. N. Thiagarajan, learned Senior Counsel appearing for the Petitioners and Mr. K. Kalyanasundaram, learned Senior Counsel appearing for the First Respondent. No appearance for the Respondents 2 to 4.

(3.) APART from that it has been contended that the preliminary decree was passed in the Suit O.S. No.77 of 1985 on 11.12.1985 and however, the First Respondent/decree holder had applied before the Trial Court for passing the final decree in terms of the preliminary decree only on 2.9.1994, which is more than three years, as permitted by law.