LAWS(MAD)-2014-8-166

INDHUMATHI Vs. SENATHI NA.VENKITASALAPATHI AYYER &

Decided On August 14, 2014
Indhumathi Appellant
V/S
Senathi Na.Venkitasalapathi Ayyer And Respondents

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order, dated 06.01.2014, passed by the learned District Munsif, Paramakudi, in E.P. No. 21 of 2013 in O.S. No. 30 of 2002.

(2.) The petitioners are the defendants in the suit in O.S. No. 30 of 2002 on the file of District Munsif Court, Paramakudi and respondents in E.P. No. 21 of 2013 on the file of Sub-Court, Paramakudi, whereas the respondent is the plaintiff in the suit and petitioner in the E.P.

(3.) The respondent filed the suit in O.S. No. 30 of 2002 against the petitioners and their mother Mahalakshmi. The suit filed by the respondent is for eviction of the petitioners. The petitioners did not contest the suit and therefore, ex-parte decree was passed on 10.04.2002. In the year 2013, the respondent filed E.P. No. 21 of 2013, for delivery of possession. The petitioners appeared in the E.P. through their counsel, but did not file any counter. Therefore, by the order, dated 06.01.2014, the E.P. was ordered for delivery of possession, as the petitioners did not put forth their case as to why the E.P. is not maintainable. Against the said order, the present civil revision petition is filed.