MURUGAVEL Vs. MEL-BHUVANAGIRI PONNUSAMY MUDALIAR TRUST

JUDGEMENT

(1.) The civil miscellaneous petition is filed to condone the delay of 579 days in filing the Civil Revision Petition against the fair and decreetal order dtd. 23/6/2011 passed in E.A.No.177 of 2010 in E.P.No.58 of 2010 in O.S.No.137 of 1979.

(2.) The petitioner is the judgment debtor and the respondent instituted a Suit in O.S.No.137 of 1979 for recovery of possession mainly on the ground that the petitioner is the trespasser of the trust property. Suit was contested by the parties and judgment and decree in O.S.No.137 of 1979 was passed on 31/10/1984. The judgment and decree became final and the respondent / decree holder filed E.P.No.58 of 2010 on 5/8/2010. During the pendency of the execution proceedings the erstwhile Managing Trustee died and the incumbent Managing Trustee was substituted through E.A.No.177 of 2010 in E.P.No.58 of 2010. Impleadment of the incumbent Managing Trustee was challenged by the petitioner and the said petition was dismissed by the E.P. Court and against the said order the present civil revision petition has been filed with a delay of 579 days.

(3.) The order in E.A.No.177 of 2010 in E.P.No.58 of 2010 was passed on 23/6/2011. The said order passed by the Execution Court in the year 2011 is now under challenge before this Court after a lapse of about 5 years and the miscellaneous petition to condone the delay has now been listed before this Court after a lapse of about 11 years from the date of passing of the order in E.A.No.177 of 2010.