T. MASILAMANI Vs. K. VENKAT NARAYANAN

JUDGEMENT

(1.) The Fair and Decreetal order dtd. 2/11/2022 passed in I.A.No.1 of 2022 in O.S.No.2 of 2013 is under challenge in the present Civil Revision Petition.

(2.) The revision petitioner is the defendant and the respondents have instituted a Suit for Declaration and Recovery of Possession. The Suit was instituted in the year 2013 and notice was served to the defendant. However, the defendant had chosen not to contest the Suit and remained absent. Thus, the Suit was decreed ex-parte on 2/8/2017 and the respondents/ decree holder instituted Execution Proceedings and thereafter, the revision petitioner/ defendant filed an Interlocutory Application in I.A.No.1 of 2022 in O.S.No.2 of 2013, to condone the delay of 611 days in filing the Interlocutory Application, to set aside the ex-parte decree passed on 2/8/2017. The delay of 611 days was sought to be condoned in Interlocutory Application.

(3.) The Trial Court found that even the delay was wrongly calculated, excluding the COVID-19 Pandemic period and therefore, the petition itself is unsustainable.