PAZHANIYAMMAL Vs. SAROJA

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the ex-parte order dtd. 22/12/2020 passed in E.P.No.98 of 2019 in O.S.No.301 of 2019 by the District Munsif cum Judicial Magistrate, Sendurai.

(2.) The revision petitioner is the judgment debtor / tenant. The respondent/plaintiff instituted a suit for recovery of possession in O.S.No.301 of 2019 and the Suit was decreed in favour of the respondent/ plaintiff. An ex-parte decree was passed, since the revision petitioners had not contested the Suit, despite service of notice. Thereafter, the respondent/ decree holder filed Execution Proceedings in E.P.No.98 of 2019 and the Execution Court also granted sufficient time to the revision petitioners to contest the matter. Even thereafter, the revision petitioners had not availed the opportunity and contested the matter and consequently, the Execution Court passed an order on 22/12/2020, ordering delivery by 2/2/2021. The said order is under challenge in the present revision petition.

(3.) The learned counsel for the revision petitioners state that opportunity was not afforded to the revision petitioners and the principles of natural justice has been violated. The suit was decreed ex-parte and even in the Execution Proceedings, delivery was ordered ex-parte and thus, the revision petition is to be considered.