S CHANDRASEKARAN Vs. KUMUDHA AMMAL

JUDGEMENT

(1.) THE petitioner in I. A. No. 700 of 2002 who is the defendant in O. S. No. 225 of 1995 on the file of the First Additional Sub-Court, Villupuram is the appellant in the above second appeal.

(2.) THE brief facts of the case are as follows:-The appellant filed a suit in O. S. No. 585 of 1990 against the respondent herein before the District Munsif Court, Villupuram seeking declaration of his title to the suit properties and for permanent injunction. The suit was dismissed after a full fledged trial. The appeal filed in A. S. No. 14 of 1992 was also dismissed and against that no second appeal was filed. Thereafter, alleging that the appellant, taking advantage of the order of interim injunction obtained by him against the respondent herein pending O. S. No. 585 of 1990, had trespassed into the suit property the respondent herein filed O. S. No. 225 of 1995 before the First Additional Sub-Court, Villupuram against the appellant herein for declaration of title and recovery of possession in respect of the suit property. On 27. 07. 1995 the appellant was set exparte in O. S. No. 225 of 1995, but the same was set-aside on the application filed by the appellant on 29. 09. 1995.

(3.) THE appellant by filing a written statement contested the suit and the suit was taken up for trial and on 07. 09. 2000 P. W. 1 was examined and the same was adjourned to 11. 09. 2000 for the cross examination of P. W. 1. But on that date P. W. 1 was not cross examined by the appellant herein but his counsel reported no instructions and hence he was set exparte and an exparte decree was passed. The application I. A. No. 867 of 2000 filed by the appellant to set-aisde the exparte decree was dismissed by an order dated 05. 12. 2000. The appeal filed by the appellant in C. M. A. No. 1 of 2001 was also dismissed on 29. 06. 2001. Thereafter the appellant filed C. R. P. No. 2107 of 2001 against the order passed in C. M. A. No. 1 of 2001 and by an order dated 17. 04. 2002, this Court set-aside the exparte decree and directed the trial court to complete the trial before 31. 07. 2002. In the meantime the exparte decree passed in O. S. No. 225 of 1995 was put in execution and in the execution proceedings possession of the suit properties was taken by the respondent herein.