M PONNAPANDIAN Vs. SELVABAKIYAM

JUDGEMENT

(1.) Both the Civil Revision Petitions are filed against the common order in E.A. Nos. 72 of 2003 and 71 of 2003 respectively in E.P. No. 178 of 2001 in O.S. No. 6 of 1992 on the file of the Principal SubCourt, Thenkasi. The parties are described as per their rankings in the suit.

(2.) The first respondent Selvabakiyam filed O.S. No. 6 of 1992 on the file of the Sub-Court, Thenkasi against her son, Ponnu Pandian, the first defendant and her daughters, the defendants 2 and 3 and 2 others claiming partition of one-third share. The suit was resisted and after contest, preliminary decree for partition was passed on 8-9-1997. Pursuant to the preliminary decree, final decree was also passed on 14-7-2000. The plaintiff Selvabakiyam filed Execution Petition in E.P. No. 178 of 2001 on 19-10-2001. In the Execution Petition, respondents 2 to 4, namely defendants 2 to 4 remained absent and were set ex parte. The first defendant, namely, the revision petitioner entered appearance on 2-4-2002 and took time to file counter till 10-12-2002 and on that date, since no counter was filed, delivery was ordered by 31-12-2002.

(3.) The revision petitioner filed E,A- No. 72 of 2003 to set aside the ex parte order dated 10-12-2002 in E.P. No. 178 of 2001 and E.A. No. 71 of 2003 to condone the delay of 23 days in filing such petition by stating in the affidavit of petitions that he was doing business in Kerala and only on 20-1 -2003 he came to know about the ex parte order and on contact his advocate, his advocate informed that since he did not file counter, he was set ex parte. After obtaining copy of necessary papers relating to O.S. No. 6 of 1992 fromTirunelveli District Court, a counter has been prepared in which there has been delay of 23 days in filing the petition to set aside ex parte order dated 10-12-2002. Therefore, the revision petitioner filed both the petitions.