MURUGESAN Vs. ARASAKUMAR

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the fair and decreetal order passed by the learned Principal District Munsif, Aruppukkottai in I.A. No. 139 of 2016 in I.A. No.106 of 2015 in O.S. No.318 of 2012, dated 04.10.2016.

(2.) The respondents herein have filed a suit in O.S. No.318 of 2012 for permanent injunction and an exparte order was passed in the said suit on 26.08.2014. Against the exparte decree, dated 26.08.2014 the revision petitioner herein has filed a petition in I.A. No. 106 of 2015 to condone the delay of 109 days in filing the petition and in the said petition a conditional order was passed. The revision petitioner failed to comply with the conditional order, dated 01.10.2015 passed by the learned Principal District Munsif, Aruppukkottai and hence, I.A.No. 106 of 2015 stands dismissed automatically. Thereafter, the revision petitioner herein has filed a petition in I.A. No. 139 of 2016 in I.A. No.106 of 2015 in O.S. No.318 of 2012 under Order 9 Rule 13 and Sections 148 and 151 of the Civil Procedure Code and the same was dismissed on 04.10.2016. Against the said order, dated 04.10.2016, the instant Civil Revision Petition has been filed.

(3.) Heard the learned counsel appearing for the revision petitioner and the respondents.