S SHANMUGA KANI Vs. M S RAMAKRISHNAN

JUDGEMENT

(1.) The suit has been laid by the respondents / plaintiffs for permanent injunction. As seen from the records, it is found that the deceased first defendant had suffered an ex parte decree in the said suit on 14.11.2000. To set aside the same, the deceased first defendant took out an application in I.A.No.1183 of 2000 and as seen from the records, it is found that the above said application has been filed by the deceased first defendant for the third time to set aside the ex parte decree passed against him in the suit.

(2.) Be that as it may, based on the endorsements made by the learned counsel for the respective parties and also considering the fact that the above said application had been filed to set aside the ex parte decree by the deceased first defendant for the third time, the Lower Court had allowed the above said application on condition i.e., on payment of cost of Rs.700/- to the respondents / plaintiffs on or before 27.08.2001. The matter had been directed to be posted on 28.08.2001.

(3.) As seen from the records, it is found that pending the above said application, the first defendant had died and accordingly, it is found that a Memo had been filed intimating his death to the Court on 28.08.2001 and the same having been recorded, the Court had directed to take appropriate steps and accordingly, it is also found that the legal representatives of the deceased first defendant i.e., civil revision petitioners had taken steps to implead themselves as petitioners in the above said application and thereafter, on steps being taken to amend the petition, it is found that the amended petition copy had also been filed and finally when the matter stood adjourned on 06.11.2002, inasmuch as there had been no representation for both sides on 06.11.2002 and the petitioners having been called absent and remaining absent, it is found that the Court dismissed the above said application.