NEYYOOR HOME CHURCH Vs. RAMAN

JUDGEMENT

(1.) CHALLENGING the fair and final order passed in E.A. No.60 of 2009 in E.P. No.10 of 2000 in O.S. No.175 of 1981 on the file of the Court of the Principal District Munsif -cum -Judicial Magistrate, Eraniel, Kanyakumari District, the decree holders have filed the above Civil Revision Petition.

(2.) HEARD the learned Counsel for the petitioners and the learned Counsel for the respondent.

(3.) THE said application was opposed by the judgment debtor stating that the present application is not maintainable and that the execution Court has no power to condone the delay. The execution Court taking into consideration the case of both parties, dismissed the application as not maintainable stating that for filing application under Order 21 Rule 106 of the Code of Civil Procedure, the decree holders should have filed an application within 30 days and that the execution Court has no jurisdiction to condone the delay in filing an application under Order 21 Rule 106 of the Code of Civil Procedure.