LAWS(MAD)-2007-1-366

LALITHA LOGANATHAN Vs. PAPPI CHETTY RAGAVIAH CHETTY CHARITIES

Decided On January 12, 2007
LALITHA LOGANATHAN Appellant
V/S
PAPPI CHETTY RAGAVIAH CHETTY CHARITIES Respondents

JUDGEMENT

(1.) THESE revisions are directed against the orders made in e. A. Nos. 3642, 3641/2006 in E. P. No. 384/2006, on the file of the X Assistant City civil Judge, Chennai, dismissing the stay petition and the application to reopen. Judgment-Debtor is the Revision Petitioner.

(2.) BRIEF facts of the case is as follows:- Respondents/plaintiffs is a public Charitable Trust and the Revision Petitioner is a Tenant in respect of a shop in the suit premises. The Respondents/plaintiffs filed O. S. No. 5769/1995, on the file of the V Assistant Judge, City Civil Court , Chennai, for ejecting the Petitioner from the suit premises. The Petitioner entered appearance and filed the Written statement and contested the suit. Thereafter, she did not appear and hence exparte Decree was passed on 20. 02. 2004. 2. 1. To set aside the exparte Decree, the Revision Petitioner has filed I. A. No. 19553/2005. Again that application was dismissed for Petitioner's non-appearance on 19. 01. 2006. 2. 2. The Petitioner sought for stay of the Execution proceedings, in view of the pendency of the application to set aside the exparte Decree and also the application for restoration of I. A. No. 19553/2005. The Respondents resisted the applications by filing elaborate counter statement. The Executing Court has dismissed both the applications by the Order dated 30. 10. 2006, which are challenged in these revisions.