A AMIRTHABAI Vs. KANAKARAJ

JUDGEMENT

(1.) THE above Civil Revision Petition has been filed praying to set aside the fair and decretal order dated 20.2.2004 made in E.A.No.157 of 2002 in E.P.No.118 of 2001 in O.S.No.53 of 1996 by the Court of Principal District Munsif, Kuzhithurai.

(2.) ON a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the revision petitioners have filed the suit in O.S.No.53 of 1996 before the Court of District Munsif, Kuzhithurai as against the respondents for demarcation and declaratory injunction and the same having been decreed, the respondents have preferred an appeal in A.S.No.130 of 2001 before the Court of Subordinate Judge, Kuzhithurai and on the said appeal also having been dismissed thereby confirming the judgment and decree of the trial Court, the decree-holders have filed E.P.No.118 of 2001 before the Court of District Munsif, Kuzhithurai. It further comes to be known that during the pendency of the said E.P., the decree-holders have filed a petition in E.A.No.18 of 2002 to dispense with notice to the unwanted defendants/respondents in the execution petition, who remained exparte in the trial Court i.e. defendants 2 and 3, who are respondents 1 and 2 herein and the said petition was allowed by the trial Court on 24.1.2002. Thereafter, the respondents 1 and 2 herein have filed a petition in E.A.No.156 of 2002 under Section 5 of the Limitation Act praying to condone the delay of 149 days in presenting the petition for review of the order dated 24.1.2002 in E.A.No.18 of 2002 and since the said petition has been allowed by the Court below, aggrieved, the decree-holders have come forward to file the above civil revision petition on certain grounds as brought forth in the grounds of revision.