BHATHARNISHA BEEVI Vs. CHELLAAMMAL

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to set aside the fair and decretal order, dated 10.03.2011, passed by the learned Principal District Munsif, Tenkasi, in I.A. No. 100 of 2011 in O.S. No. 15 of 1998.

(2.) THE petitioner is the second defendant, whereas the respondent is the plaintiff in the suit in O.S. No. 15 of 1998 on the file of Principal District Munsif Court, Tenkasi.

(3.) ACCORDING to the petitioner on receipt of suit summons, the petitioner and the said Resavu Mohammed entered appearance through counsel. A compromise was arrived at between the petitioner, the respondent and the said Resavu Mohammed in the presence of Panchayathars. On such compromise, the respondent agreed to withdraw the suit filed by her. At that time and even now, the petitioner is living in Tiruppur. The petitioner believed the representations of the respondent that she would withdraw the suit as promised in the presence of the Panchayathars. The petitioner also submitted that as per the said compromise, the Deed of Exchange was registered as Document No. 52 of 1998 on 19.01.1998, wherein the second schedule of the above said deed, the property belonging to the petitioner was shown as common wall. Contrary to the said promise, the respondent did not withdraw the suit, but obtained ex -parte decree on 27.04.1998. The respondent did not take steps to execute the decree for twelve years and filed E.P. No. 41 of 2010 in O.S. No. 15 of 1998, for implementing the said ex -parte decree. On receipt of the notice in the Execution Petition, the petitioner entered appearance on 30.06.2010 and after verification of the records through her counsel, she filed an application on 26.07.2010 to set aside the ex -parte decree along a petition for condoning the delay of 4435 days in filing to set aside the ex -parte decree. The petitioner has stated that the matter was compromised between the parties in the presence of Panchayathars and the respondent agreed to withdraw the suit. In view of the said compromise, Deed of Exchange was registered on 19.01.1998 as Documents No. 52 of 1998. According to the petitioner, the delay in filing the application to set aside the ex -parte decree is neither wilful nor wanton, but due to the circumstances stated above.