K M BALASUBRAMANIAM Vs. C LOGANATHAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the order dated 29.10.2009, made in I.A.No.129 of 2009 in O.S.No.656 of 2002, on the file of the First Additional Sub-Court, Erode.

(2.) THE Revision Petitioner herein is the Defendant in O.SNo.656 of 2002, seeking a money decree for a sum of `1,23,200/- to be paid by the Revision Petitioner/Defendant with interest and cost and the Suit was decreed ex parte. THE Revision Petitioner herein as Defendant filed an Interlocutory Application in I.A.No.129 of 2010 seeking an order to condone the delay of 1581 days in representing the Application to set aside the ex parte decree.

(3.) SUBSEQUENTLY, the First Respondent filed the Execution Petition in E.P. No.297 of 2006, in order to bring the Petitioner"s property for sale to realize the amount payable under the decree. However, the Petitioner evaded service of notice, hence, substituted service was ordered and paper publication was effected. In spite of the said fact the Petitioner failed to appear, hence, he was set ex parte on 15.02.2007 in the Execution Proceeding. Pursuant to the order of adjudication, the Petitioner"s property was brought for court auction sale on 27.09.2007 and after the sale, the same was confirmed on 10.12.2007 and Sale Certificate was also issued by the Court below. SUBSEQUENTLY, the auction purchaser filed E.A. No.277 of 2008 for delivery of possession of the property. In the said E.A. No.277 of 2008, the Petitioner was served with a notice for the hearing dated 23.10.2008 and on the said date of hearing, the Petitioner appeared through his Counsel and took time for filing Counter and caused delay.