TMT RANI (DIED) Vs. M DURAIVEL

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decreetal order dated 30.09.2016 in I.A.No.7349 of 2015 in O.S.No.7164 of 2012 on the file of the learned VII Assistant City Civil Court, Chennai.

(2.) At the time of admission, argument of the learned counsel for the petitioners is heard in length.

(3.) The first respondent, who is the Junior paternal uncle of the petitioners filed a suit in O.S.No.7164 of 2012 for separate possession and 1/3rd share in the suit property and also injunction restraining the defendants not to encumber the suit property till the disposal of the final decree. The first respondent has stated that the property has been allotted by the Slum Clearance Board in favour of one Pappammal, wife of Manickam, who is none other than the mother of the plaintiff/first respondent herein. The said Pappammal has three sons namely, Varadan, Srinivasan and Duraivel. Since Pappammal died intestate, the first respondent has filed a suit for partition and separate possession against the legal heirs of his deceased brothers viz., Varadan and Srinivasan. As none of the defendants filed the written statement, after service of summons, exparte decree was passed on 02.07.2014. Immediately, the first respondent has filed an application in I.A.No.437 of 2014 for passing final decree proceedings based on preliminary decree. Then the petitioners herein have filed an application in I.A.No.7349 of 2015 under Section 5 of Limitation Act, to condone the delay of 276 days in filing the petition to set aside the exparte decree. The trial Court after hearing both sides dismissed the application, against which, the present revision is preferred by the petitioners/defendants 1 to 4.