C MEENAKSHI Vs. MOONDRU MANTHAI 84 ORS

JUDGEMENT

(1.) The suit filed for declaration of title, delivery of possession and injunction restraining the tenants from tendering rent for the suit premises to 1st defendant/Palaniyandi Pandaram and rendition of accounts. Pending suit, the said Palaniyandi Pandaram died. So, his legal representatives were brought on record and arrayed as defendants 5 to 9.

(2.) The suit was decreed on 28.03.2006. E.P.No.98/2006 was filed for delivery of possession, reserving the right to file separate EP for the other reliefs. The revision petitioners are wife, daughter and son of Chinnu @ Chinnu Pillai who is the 2nd respondent in EP and 6th defendant in the suit. According to them, ex parte decree was passed in the suit for declaration and possession against Chinnu @ Chinnu Pillai and others on 28.03.2006 in O.S.No.80/2005.

(3.) Ep was filed against the defendants 5 to 9. Pending EP, Rasathiammal wife of Palaniyandi Pandaram 2nd respondent/5th defendant died on 09.11.2006. Chinnu @ Chinnu Pillai 3rd respondent/6th defendant died on 07.12.2006. Meanwhile, the other respondents 4 to 6 in EP filed a petition to set aside ex parte decree with condone delay application. The petition to condone the delay of 710 days was dismissed on 26.11.2009.