A MURUGESAN Vs. JAMUNARANI

JUDGEMENT

(1.) Instead of taking a view in isolation, the conduct of the petitioner in toto throughout the proceedings needs to be seen in this case. This is a classic case, by which anyone could understand as to how a person viz. respondent herein, who approached the Court with a fond hope that she would get justice, has been driven from pillar to post for the past 17 years because of the attitude of the petitioner. If the faith and trust of the persons, who are approaching the court, are lost, it would lead to collapse of the judicial delivery which is not good for the society.

(2.) The facts of the case would demonstrate as to how the matter is being dragged with the assistance of the counsel and the matter is yet to come out of the Trial Court even after 17 years. In the name of opportunity, if the petitioner is given yet another chance, this court doubts as to whether the respondent would be alive to see the finality of the case, which means till the matter being decided by the Supreme Court on appeal. This kind of trend is on increase nowadays, where the parties are being assisted by their respective counsel to prolong the matter with an ulterior motive.

(3.) The respondent entered into an agreement with the petitioner on 11.10.1995, to purchase the suit property for a sale considearation of Rs.3 lakhs, out of which a sum of Rs.2 lakhs was paid by her as advance and the balance has to be paid within one year. As the petitioner refused to perform the obligation as per the agreement, she O.S.No.92 of 1997 on the file of the Subordinate Judge, Chidambaram for specific performance of agreement dated 11.10.1995. The said suit was decreed exparte on 16.3.2009. To set aside the said exparte decree, an application in I.A.No.117 of 2009 was filed. The said application after contest was dismissed, which compelled the petitioner to file an appeal in CMA.No.15 of 2009 on the file of Additional District Judge (Fast Track Court-I), Chidambaram and the same was also dismissed on 13.7.2000. Therefore, the petitioner is before this court by way of this revision.