M ARUMUGAM Vs. S N RANGANATHAN

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 03.08.2011 passed in I.A.No.370 of 2009 in A.S.No.138 of 2005, by the learned First Additional Subordinate Judge, Coimbatore, this civil revision petition is focussed.

(2.) A thumbnail sketch of the germane facts in a few broad strokes, could be encapsulated thus:

(3.) WHEREAS, the learned counsel for the appellants/defendants would pyramid his argument by contending that absolutely there is no merit in this revision, for the reason that four years after the passing of the decree in O.S.No.1739 of 2004, the E.P. was filed and even before filing of such E.P. by the revision petitioner herein, the appellate Court set aside the judgment in O.S.1No.1739 of 2004 and the revision petitioner cannot feign or play possum as though no notice was served in the A.S. Accordingly, he would pray for the dismissal of the revision petition.