SUNDARAMMAL Vs. KANAGARAJ

JUDGEMENT

(1.) Challenging the order of the Execution Court allowing the application under Order 21 Rule 106(3) CPC by condoning the delay of 31 days, the present revision petitions have been filed.

(2.) The suit in O.S.No.158 of 2007 has been originally filed by the petitioners for declaration; consequential permanent injunction and for other reliefs. The suit was decreed in part on 27/1/2011. The decree holders filed Execution Petition in E.P.No.5 of 2022 to enforce the decree. Defendants/Judgment Debtors 11 and 21, the respondents herein, entered appearance in the execution proceedings, but failed to file their counter affidavit. Hence, the respondents were set ex parte by the Execution Court on 4/7/2023 and thereafter, delivery was ordered. When the matter stood thus, the respondents have filed the present applications under Order 21 Rule 106(3) CPC, one to set aside the ex parte order passed against them and the other to condone the delay of 31 days in seeking to set aside the ex parte order.

(3.) Though the said applications were opposed by the petitioners/decree holders, the Execution Court allowed the applications by order 29/7/2024 on the ground that no prejudice will be caused to the petitioners in allowing the applications, however, imposed cost of Rs.1,000.00 on the respondents. After the cost memo was filed, the Execution Court passed final orders on 13/8/2024. Challenging the orders of the Execution Court allowing the applications under Order 21 Rule 106(3) CPC, the present revision petitions have been filed by the decree holders.