REVENUE DIVISIONAL OFFICER Vs. M.S.A. IBRAHIM

JUDGEMENT

(1.) This Petition is filed to condone the delay of 3081 days in filing the Appeal against the judgment and decree, dated 29.6.2001 made in L.A.O.P. No. 33/1997 on the file of the III Additional Sub-Court, Madurai.

(2.) The averments made in the Affidavit filed in support of this Petition are as follows:

(3.) Opposing the Application filed by the Petitioner, the Respondent has filed Counter Affidavit stating that the averments made in the Affidavit filed by the Petitioner is with falsehood and it is an attempt to mislead the Court. After obtaining the decree the Respondents 3 to 11 filed Execution Petition on 29.11.2005 in E.P. No. 246 of 2005. In the said Execution proceedings the Special Tahsildar for Land Acquisition and Tamil Nadu Housing Board had entered appearance on 27.1.2006 and after entering appearance, the Respondents in the Execution Petition were taking time repeatedly for filing Counter from 27.1.2006, 3.3.2006, 21.4.2006, 23.6.2006 and finally on 25.7.2006. When the Execution Petition was posted for hearing on 25.7.2006, the request made by the Respondent, the matter was adjourned to 24.8.2006. It was further posted on 25.9.2006 to deposit the amount. Since the deposit was not made finally on 20.4.2007 the attachment was ordered by the Execution Court. Though hectic steps were taken by the Respondents to execute the order of attachment, the Attachment proceedings is still pending for want of Police help.