P R RAMASWAMI GOUNDER MEMORIAL TRUST REP BY TRUSTEES & OTHERS Vs. M/S KASTURI TRAVELS PROPRIETOR NEENA SHA & OTHERS

JUDGEMENT

(1.) The above Civil Revision Petitions have been filed by the Plaintiffs in O.S. No. 417 of 2004 on the file of the Principal District Munsif Court, Coimbatore. The Plaintiffs/Petitioners herein filed the said suit against the Respondents herein for directing them to vacate the suit property and hand over the vacant possession of the same to the Plaintiffs and for future damages at the rate of Rs. 20,000/- per month. The suit was decreed exparte. Thereafter, the Petitioners herein filed E.P. No. 144 of 2005 to execute the exparte decree. In the Execution Petition also, the Respondents herein were set exparte and delivery was ordered. On an application filed by the Petitioners herein, an order to break open and delivery of possession was passed. Pursuant to that, the Court Amin has handed over possession to the Petitioners herein.

(2.) Thereafter, the Respondents herein filed E.A. Nos. 131 to 134 of 2006 for the following reliefs, namely, to stay all further proceedings in the Execution Petition, to set-aside the order dated 03.02.2006 passed in the Execution Petition, not to record delivery of possession and to re-deliver possession of the property taken possession of by the Amin and handover to the decree holders.

(3.) In all the above said petitions, the case of the Respondents herein was that no summons were served on the Respondents in the suit and the Petitioners herein have manoeuvred to get the exparte decree and in the Execution Petition also, no notice or summons were served on the Respondents and the Petitioners herein have manoeuvred to get an exparte order of delivery of possession and have taken possession of the suit properties behind their back. It was their further contention that the Respondents are carrying on business in the suit properties and no summons was served either personally or by affixture and they were not aware of the paper publication.