KOMARAN Vs. C SUBRAMANIAM

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging the Order dated 16.9.2011 passed in I.A.No.1081 of 2011 in O.S.No.344 of 2008 on the file of the District Munsif Court, Kangeyam, Erode District.

(2.) THE revision petitioners are the defendants 1 and 2. THE respondent filed suit O.S.No.344 of 2008 for permanent injunction restraining the revision petitioners/defendants 1 and 2 from interfering with the enjoyment of respondent's/plaintiff's easementory right in the suit "B" schedule property by way of encroachment or putting hut in the said property. THE suit was decreed ex parte on 28.7.2009. THEreafter, the respondent/plaintiff filed R.P.No.2 of 2011 for return of documents and notice was served on the revision petitioners/defendants. On 21.3.2011, the revision petitioners/ defendants appeared through counsel in the said petition.

(3.) THE Court below dismissed the said application rejecting the plea of suffering from jaundice stating that the revision petitioners have not furnished the details, viz., the date on which the first revision petitioner fell ill, the period upto which he was treated at Palacod. THE Court below also held that notice in R.P.No.2 of 2011 was served and one advocate entered appearance on behalf of the revision petitioners on 21.3.2011. Even after appearance in R.P.No.2 of 2011, the revision petitioners did not take step to set aside the ex parte order for more than one month, which delay has also not been explained. Holding that the revision petitioners have not given sufficient cause for filing the application under Section 5 of the Limitation Act and the reason given is vague and bereft of details, the application was dismissed. Challenging the same, the revision petition is filed.