R. THANKESAN AND OTHERS Vs. RAJALINGAM AND OTHERS

JUDGEMENT

(1.) The relief sought for in this revision petition is to set aside the order made in I.A. No. 11 of 2009 in O.S. No. 5 of 2008 dated 20.12.2017 on the file of the learned Subordinate Judge, Harur.

(2.) Originally, the revision petitioner filed a suit in O.S. No. 76 of 1999 on the file of the Sub Court, Dharmapuri for partition against the respondents in which the preliminary decree was passed on 12.12.2002. Subsequently, the suit was transferred to the file of Sub Judge, Harur and renumbered as O.S. No. 5 of 2008. When the suit is pending for final decree, the respondents filed an application in I.A. No. 11 of 2009 in O.S. No. 5 of 2008 for condoning the delay of 1965 days in filing the application to set aside the exparte preliminary decree. After enquiry, the trial Court allowed the application. The reason stated for allowing the application is that if the application is not allowed, the petitioner would take the matter for revision and keep it pending for many more years and it will lead to drag on the proceedings.

(3.) Aggrieved against the said order dated 08.03.2011, the present revision petitioner filed a revision petition in C.R.P.(PD). No. 4557 of 2011 before this Court wherein this Court allowed the revision petition by setting aside the order of the trial Court in I.A. No. 11 of 2009 in O.S. No. 5 of 2008 on the file of the Subordinate Judge, Harur and remitted back the case to trial Court for disposal of the I.A. No. 11 of 2009 in O.S. No. 5 of 2008 afresh in accordance with law within a period of twelve weeks.