M PARIMANAM @ PARIMANA KONAR Vs. T EGAMMAI

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order, dated 28.10.2015 in E.A.No.317 of 2015 in E.P.No.20 of 2013 in O.S.No.1 of 1996 by the learned I Additional Subordinate Judge, Thiruchirapalli.

(2.) The petitioner is the third respondent in E.P.No.20 of 2013. The petitioner filed E.A.No.317 of 2015 in E.P.No.20 of 2013 to condone the delay of 206 days in re-presenting the application to set aside ex-parte order, dated 25.06.2014, passed in E.P.No.20 of 2013. According to the petitioner, the said E.P. was posted to 25.06.2014, for filing counter. The petitioner and other respondents did not file any counter and they were set ex-parte. The petitioner filed application to set aside ex-parte order. The said application was returned for certain compliances. The returned papers were misplaced and was not re-presented in time and therefore, there is a delay in re-presenting the application. The petitioner has good case on merits. Unless the delay is condoned, the petitioner will be put to irreparable loss and hardship.

(3.) The respondent filed counter and opposed the said application. According to the respondent, the petitioner has made vague averments about the filing of the application and the said averments are false. The respondent has filed E.P.No.20 of 2013 and the petitioner entered appearance through Advocate on 20.06.2013. From that date onwards, the petitioner and other respondents took time for filing counter for more than one year and they did not file any counter. After they were set ex-parte, on 25.06.2014, the Execution Court executed the sale deed on 01.12.2014 and registered sale deed was produced before the Court on 08.04.2015 and the E.P. was closed and therefore, no proceeding is pending and the application filed by the petitioner is not maintainable. Further, the respondent filed E.A.No.171 of 2015 to take delivery of the suit property. The petitioner and others took time for filing counter on six occasions and did not file any counter and therefore, delivery was ordered.