CHETTIANNAN Vs. SELVAM

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging the order and decreetal order dated 20.10.2011 passed in I.A.No.429 of 2011 in O.S.No.116 of 2008 on the file of the Additional District Munsif Court, Tiruchengode.

(2.) PLAINTIFF is the revision petitioner. The revision petitioner filed the suit O.S.No.116 of 2008 for permanent injunction. The suit came to be decreed ex parte on 3.11.2008. Thereafter, with a delay of 614 days, the respondent/defendant filed I.A.No.429 of 2011 to condone the delay in filing the application to set aside the ex parte decree. Such application was resisted by the revision petitioner. However, the court below allowed the application on payment of cost of Rs.2,000/- holding that the prejudice that will be caused to the revision petitioner/plaintiff can be compensated by way of cost, taking note of the fact that the suit is for permanent injunction as against the respondent/defendant in respect of the user of a cart track situate between the lands of the revision petitioner and the respondent herein.