LAWS(MAD)-2012-11-51

INDIRA GANDHI Vs. HAFIFULLA

Decided On November 06, 2012
INDIRA GANDHI Appellant
V/S
Hafifulla Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to get set aside the order passed in I.A.No.19 of 2010 in O.S.No.648 of 2006 on the file of the Principal District Munsif Court, Dindigul, dated 21.09.2010.

(2.) A summation and summarisation of the germane facts absolutely necessary for the disposal of this Civil Revision Petition, would run thus:

(3.) THE learned Counsel for the revision petitioner/defendant would narrate and portray the facts to the effect that his client was incapable of seeing the wood for trees and she was not in the know of things also and taking undue advantage of her ignorance, the respondent/plaintiff portrayed and projected her as though she was an utter stranger and got the exparte decree. For the purpose of securing her release, she was constrained to make endorsement before the Executing Court which cannot be pitted against her. The ration card and the Bank passbook marked on the side of the revision petitioner/defendant would exemplify and display that she has been in possession and enjoyment of the suit property and temporarily, she had gone to Kerala in connection with her job and that cannot be labelled or dubbed as though she has nothing to do with the suit property. The lower Court without appreciating the pros and cons of the matter, simply dismissed the said application, warranting interference by this Court.