JOSE AND ORS Vs. CHELLAPPAN AND ORS

JUDGEMENT

(1.) This civil revision petition has been filed to set aside the fair and decreetal order dated 18.12.2015 made in I.A. No. 1379 of 2014 in O.S. No. 264 of 2003 by the file of the Principal District Munsif, Padmanabhapuram. The petitioners are the defendant Nos. 3 and 4. The first and the second respondents filed a suit in O.S. No. 264 of 2003 for permanent and mandatory injunction. The petitioners were impleaded as the defendant Nos. 3 and 4 in the year 2012. They entered appearance through Advocate and they did not file any written statement and contested the suit. The defendant Nos. 1 and 2 contested the suit and the said suit was decreed on 04.08.2014. Thereafter, the petitioner filed application to set aside the ex-parte decree along with I.A. No. 1379 of 2014 to condone the delay of 44 days in filing the application to set aside the ex-parte decree.

(2.) According to the petitioners, the first petitioner is working at Kerala and the second petitioner is a physically challenged person. Their Advocate did not inform them about the date of hearing and hence, they did not file written statement and contested the suit.

(3.) The respondent Nos. 1 and 2 filed counter affidavit and denied the averments made by the petitioners. According to the respondents, the respondent Nos. 1 and 2 stated that the first petitioner is residing at same village and the second petitioner is hale and healthy. The reasons given by the petitioners are not valid. The suit was decreed and contested by the respondent Nos. 1 and 2. Therefore, the same cannot be termed as ex-parte decree.