IIANGOVAN Vs. RAMASAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the order and the decreetal order dated 02.08.2010 in I.A.No.280 of 2010 in I.A.No.1165 of 2002 in O.S.No.187 of 1997 passed by the Additional District Munsif Court, Villupuram.

(2.) A suit in O.S.No.187 of 1997 was filed by the respondent herein, before the learned Additional District Munsif Court, Villupuram for partition and separate possession, in respect of one -third share in the suit properties. The learned Additional District Munsif, Villupuram, dismissed the suit with costs on 27.08.1999 and aggrieved against the said order, the plaintiff/respondent herein filed an appeal in A.S.No.172 of 1999 before the First Additional Sub -Court, Villupuram. The Appeal was allowed in favour of the plaintiff, entitling him for one -third share in the suit properties and a preliminary decree was passed on 28.06.2001 by the learned First Additional Subordinate Judge.

(3.) Subsequently, I.A.No.280 of 2010 in I.A.No.1165 of 2002 in O.S.No.187 of 1997 was filed by the revision petitioner on 07.10.2009 to condone the delay of 1032 days in filing an application to set aside the ex parte preliminary decree, passed on 30.10.2006. The aforesaid Interlocutory Applications were dismissed by the Trial Court. Aggrieved by the said order, the revision petitioner has filed the present revision before this Court.