SHEIK DAWOOD Vs. ABDUL HAMEED KHADIR TRUST

JUDGEMENT

(1.) THE revision petitioner/defendant filed this Revision Petition as against the Decree and Judgment passed in C.M.A.No.7 of 2006 wherein confirmed the order and decreetal order made in I.A.No.445 of 2005 in O.S.No.126 of 2005.

(2.) HEARD the learned counsel appearing for the revision petitioner and perused the materials available on record.

(3.) THE respondent herein filed a suit for recovery of possession in O.S.No.126 of 2005. In the above said suit, the revision petitioner has not filed written statement and also not appeared. Consequently, the trial court has passed an ex -parte decree on 11.11.2005. The Revision Petitioner has filed an application in I.A.No.445 of 2005 under Order 9 Rule 13 C.P.C to set aside the ex -parte decree passed on 11.11.2005. The above application was dismissed by the trial court. Aggrieved against the above dismissal order passed by the trial court, the revision petitioner preferred a Civil Miscellaneous Appeal in C.M.A.No.7 of 2006 before the Subordinate Court, Thiruvarur. The Subordinate Judge considered the submissions of both side and finally, confirmed the order passed by the trial court and dismissed the Civil Miscellaneous Appeal. Aggrieved over the above said concurrent finding of both the courts below, the revision petitioner preferred this Civil Revision Petition.