VANAKAR AZEEZ BASHA Vs. BEEBEE JOHN (DECEASED) SRIDHAR

JUDGEMENT

(1.) The Civil Miscellaneous Petition is filed to condone the delay of 3825 days in filing this present Appeal Suit against the Decree and Judgment dtd. 24/8/2011 passed in O.S.No.101 of 2009 on the file of the Principal District Judge, Vellore.

(2.) The learned counsel for the petitioner vehemently contended that based on the ex-parte decree, Sale Deed was executed in favour of the respondent by the Court in the year 2012 and the petitioner was not provided with an opportunity to contest the suit. Substituted Service was effected and based on the Substituted service, ex-parte decree was passed against the petitioner. Thus, the decree itself is fraudulent and therefore, an opportunity is to be provided to the petitioner to contest the case by condoning the delay of 3825 days.

(3.) The fact reveals that the suit for Specific Performance was instituted by the respondent in O.S.No.101 of 2009 on the file of the Principal District Court, Vellore. Based on the Sale Agreement dtd. 15/6/2006, an ex-parte decree was passed by the trial Court on 24/8/2011. The decree holder filed E.P.No.131 of 2011. The Execution Petition was allowed and the sale deed was executed by the Court on 5/12/2012 in implementation of the decree passed in O.S.No.101 of 2009. The possession was also taken by the Court and the suit property was handed over to the respondent on 22/2/2014. The petitioner herein filed I.A.No.68 of 2014 in O.S.No.101 of 2009 to condone the delay of 922 days in filing the petition to set aside the ex-parte decree. The said Interlocutory Application was dismissed and the revision filed by the petitioner in C.R.P.(NPD).No.3167 of 2015 was also dismissed. Thereafter, the petitioner has chosen to file the present appeal suit after a lapse of about 11 years from the date of passing of the decree in O.S.No.101 of 2009.