V.KARNAN Vs. T.VIVEKANANDHAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order, dated 28.08.2015 made in I.A.No.128 of 2014 in unnumbered First Appeal on the file of the Subordinate Judge, Srivilliputtur.

(2.) The petitioner is the first defendant and the second respondent is the second defendant. The first respondent is the plaintiff in the Suit. The first respondent filed the Suit in O.S.No.130 of 2010, for declaration and recovery of the suit property from the revision petitioner and the second respondent. The said Suit was decreed exparte on 04.07.2014. The revision petitioner has filed first appeal, along with the application in I.A.No.128 of 2014 to condone the delay of 61 days in filing the appeal. According to the petitioner, subsequent to the judgment and decree, dated 04.07.2014, in O.S.No.130 of 2010, the first respondent/plaintiff misguided him that there is a possibility for mediation between them and therefore, he could not file the appeal in time.

(3.) The first respondent filed counter affidavit and stated that there was no cordial relationship between the first respondent and the petitioner, who are the father and son. The first respondent examined himself as RW1 and marked Ex.R1 -copy of the FIR and Ex.R2 -discharge summary and submitted that there was no mediation as alleged by the petitioner. The learned Judge considering the facts and materials on record, dismissed the application filed by the petitioner. Against that order, the petitoner has come up with this Civil Revision Petition.