K.MANIKANTAN Vs. SUBBAIAH PILLAI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to get set aside the fair and decreetal order passed in E.P.No.75 of 2009 in O.S.No.46 of 2007 on the file of the learned Principal District Munsif, Padmanabhapuram, dated 10.04.2012.

(2.) HEARD both sides.

(3.) THE learned Counsel for the revision petitioners/judgment debtors would put forth and set forth his arguments, the warp and woof of the same, would run thus: The Executing Court ignoring the fact that already an application in I.A.No.641 of 2010 filed under Section 5 of the Limitation Act, to get the delay condoned in filing the application under Order IX Rule 13 of the Code of Civil Procedure to get set aside the exparte decree is pending, simply proceeded to pass the order directing the delivery in favour of the respondents/decree holders. The suit property is a residential house and if they are dispossessed pending adjudication of the application under Section 5 of the Limitation Act, certainly, the judgment debtors who are the revision petitioners, would be put to discomfiture and difficulties. According to the learned Counsel for the revision petitioners/judgment debtors, they are having a good case and because of some communication gap between themselves and their Advocate, the delay occasioned.