POOLI BEER MOHAMMED Vs. M. VASUDEVAN

JUDGEMENT

(1.) THE petitioner is the defendant and the respondent is the plaintiff in O.S.No.109 of 2009 on the file of the learned Principal Sub Judge, Tirunelveli.

(2.) THE respondent herein/plaintiff filed a suit in O.S.No.101 of 2009, praying for declaration and permanent injunction against the petitioner/defendant in respect of some property.

(3.) THEREAFTER , the respondent/plaintiff filed Execution Petition based on the decree referred to above. In the said Execution Petition, the petitioner/defendant filed a counter on 10.06.2011. Before filing counter on 10.06.2011, the petitioner/defendant entered appearance in the execution proceedings through an advocate on 04.03.2011. Still the petitioner/defendant did not take any immediate steps to file application to set aside the exparte decree and he filed I.A.No.631 of 2011 in O.S.No.101 of 2009 only on 11.11.2011, to condone the delay of 608 days in filing the application to set aside the exparte decree.