VARADHARAJAN Vs. NARAYANASAMY NAIDU

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 1646 days in filing the Civil Revision Petition against the fair and decreetal order, dtd. 08/01/2019 passed in EP No.50 of 2013 in OS No.606 of 1986, by the Principal District Munsif, Kumbakonam.

(2.) The facts in brief:-

(3.) Later EP No.50 of 2013 was preferred by the legal heirs of the Decree Holder. It was also allowed directing the Judgment Debtor to deliver the possession. Against which, CMA No.4 of 2019 was preferred by the defendants 1, 2, 4 and 5. The defendants 1 and 2 died after the suit and the defendants 4 and 5 were on records. It was filed in the year 2019. Challenging the order passed by the Executing Court on many grounds, CMA was pending for a very long time and finally, it was dismissed, on 24/07/2023 observing that against the order passed in the execution proceedings under Order XX1, Rule 35 of the Civil Procedure code, appeal is not maintainable. But, of course liberty was granted to the petitioners to challenge the same in the manner know to law with the following observation:-