PACKIASELVI Vs. YESUBALAN

JUDGEMENT

(1.) The civil revision petition has been preferred against the fair and decreetal orders, dated 31.01.2017, made in E.A.No.71 of 2016 in E.P.No.21 of 2010 in O.S.No.373 of 2008, on the file of the Principal District Munsif Court, Valliyoor, Tirunelveli District.

(2.) It is found that the respondent / plaintiff has levied the suit, in O.S.No.373 of 2008, against the petitioners / defendants for recovery of possession of the suit property. It is further found that the petitioners / defendants did not put forth any resistance to the above said suit laid by the respondent / plaintiff and accordingly, the suit laid by the respondent / plaintiff culminated in a decree as prayed for. Putting the decree in execution for the purpose of recovery of the property concerned, it is found that the respondent / plaintiff has levied the execution proceedings in E.P.No.21 of 2010.

(3.) It is also found that the petitioners / defendants, who had taken steps to set aside the ex parte decree passed against them, did not succeed in their attempt and the civil miscellaneous appeal preferred by them, with reference to the same, had also come to be dismissed. This fact also had not been controverted by the petitioners / defendants. It is, therefore, seen that to the plaint averments raised by the respondent / plaintiff in the suit, no issue had been raised by the petitioners / defendants contesting the same.