E MUTHUKUMARAN Vs. CHENNAMALLESWARAR & CHENNAKESAVAPERUMAL DEVASTHANAM

JUDGEMENT

(1.) There is a delay of 4256 days in filing the First Appeal as against the judgment and decree passed in O.S.No.7106 of 2000 dated 14.10.2005. The 1st respondent/plaintiff filed the suit in O.S.No.7106 of 2000 for delivery of possession and for damages for use and occupation.

(2.) The trial Court viz., the Additional District and Session Court, Fast Track Court III, Chennai, by its judgment and decree dated 14.10.2005, decreed the suit.

(3.) Pursuant to the decree passed in O.S.No.7106 of 2000, the plaintiff filed the Execution Petition in E.P.No.1603 of 2007 and according to the petitioner, the said Execution Petition was dismissed for default on 25.03.2007. Thereafter, the 1st respondent filed a 2nd Execution Petition in E.P.No.3457 of 2015, which according to the petitioner is pending. In Para - 6 of the affidavit filed in support of the petition, the petitioner, who is the 6th defendant in the suit, has stated that subsequent to the dismissal of the 1st Execution Petition in E.P.No.1603 of 2007 on 25.03.2007, he met the Temple staff in the 2nd week of April 2007 and that he was informed that no Execution Petition was pending and that they would not evict him if he agreed to pay the enhanced rent. The petitioner has stated that subsequently he had paid a sum of Rs.5,000/- by Demand Draft to the 1st respondent.