D KIRUBANAYAGAM Vs. ST JOSEPH CHARITY TRUST

JUDGEMENT

(1.) THIS order shall govern these two revisions in CRP Nos. 2230 and 2231 of 2007. These revisions challenge the orders of the XIII Assistant City Civil Court, Madras, made in I. A. Nos. 8209 and 8211 of 2007 in O. S. No. 9977 of 1996.

(2.) THE Court heard the learned Counsel for the petitioners and also the learned Senior Counsel for the respondents 1 and 2.

(3.) ONE Devasagayam filed O. S. No. 9977 of 1996 seeking a direction to the defendants 1 and 2 namely the Commissioner of Corporation of Chennai and the Junior Engineer, Corporation of Chennai, respectively, not to sanction any planning permission favouring the defendants 3 and 4 to construct superstructure or to regularize the unauthorized construction made in S. No. 181/4, 193/2-B, and 193/4 and also a further direction to the defendants 1 and 2 who are the authorities, to remove the unauthorized construction put up by the defendants 3 and 4 in the said property. The said suit was taken on file. The defendants entered appearance. The defendants 3 and 4 are the contesting parties. They filed the written statement, and necessary issues were framed. The matter was posted for trial on 28. 1. 2004. On that day, due to the non-appearance of the defendants 3 and 4, the suit came to be decreed ex-parte. After the ex-parte decree was passed, two applications were filed by the defendants 3 and 4, who are the respondents 1 and 2 herein, one in I. A. No. 8209/2007 to condone the delay of 1167 days in making an application to set aside the ex-parte decree, and the other in I. A. No. 8211/2007 for stay of the ex-parte decree. On contest, both the applications were ordered. Aggrieved, the legal representatives of the original plaintiff have brought forth these two revisions before this Court.