K SENTHIL RAJ Vs. V ARUMUGAM

JUDGEMENT

(1.) The petitioner has filed this Civil Revision Petition to set aside the fair and decreetal order of the learned VIII Assistant Judge, City Civil Court, Chennai made in I.A.No.1572 of 2013 in O.S.No.4141 of 2010 dated 10.07.2013 by allowing this revision.

(2.) The case of the revision petitioners is that they are the defendants in O.S.No.4141 of 2010 filed by the respondent herein as plaintiff before the VIII Assistant Judge, City Civil Court at Chennai for permanent injunction restraining the petitioners herein from putting up any construction by encroaching upon suit A schedule property and for mandatory injunction to remove any construction put up over the suit A schedule property.

(3.) According to the petitioners they purchased the property bearing No. 12/29A 3rd Street, Narasingapuram, Maduvankarai, Guindy, Chennai under a registered sale deed dated 20.06.2007. The respondent/plaintiff is the adjacent owner of the property in plot No.29. Since, the petitioners herein migrated from Cudaloor and purchased the above said property and started construction over the same, the respondent/plaintiff herein got enmity with the petitioners herein and prevented the petitioners from putting up construction in their plot as if they have encroached upon the property of the plaintiff. In that regard the respondent herein filed the above said vexatious suit against the petitioners herein. The erstwhile counsel engaged by petitioners herein did not inform about the stage of the suit and the ex- parte decree passed against the petitioners herein on 11.07.2011. On verification the petitioners herein came to know about the ex-parte decree and enquired with the erstwhile counsel regarding the ex-parte decree passed against them, he has given change of Vakalath along with the suit papers to the petitioners herein. There after immediately they filed application to set aside the ex-parte decree through the present counsel with a delay of 487 days in I.A.no.1572 of 2013. After elaborate enquiry, the learned judge has erroneously dismissed the condone delay application by order dated 10.07.2013 which is impugned in this Civil Revision Petition.