TAMIZHARASAN AND OTHER Vs. KALA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 11.09.2014 passed in I.A.No.840 of 2012 in O.S.No.150 of 2009 on the file of the District Munsif of Polur, Tiruvannamalai District.

(2.) The petitioners are defendants and respondent is plaintiff in O.S.No.150 of 2009 on the file of the District Munsif of Polur, Tiruvannamalai District. The respondent filed the said suit against the petitioners for declaration and consequential permanent injunction. The petitioners filed written statement on 29.06.2009. Subsequently, they did not contest the suit. An exparte decree was passed on 10.12.2011. The petitioners filed I.A.No.840 of 2012 to condone the delay of 180 days in filing the petition to set aside the exparte decree. According to the petitioners, the second petitioner was suffering from jaundice and first petitioner was looking after him. In the circumstances, they could not contact the Advocate and conduct the case.

(3.) The respondent filed counter affidavit and submitted that in the application I.A.No.237 of 2009 filed by her, interim injunction was granted. The petitioners filed I.A.No.295 of 2009 to vacate the interim injunction. The said I.A filed by the petitioners was dismissed. The injunction granted in I.A.No.237 of 2009 was made absolute. The respondent filed I.A.No.445 of 2010 to implement the order of interim injunction. The said I.A was allowed. Inspite of the said order, the petitioners trespassed into the suit property. The respondent filed I.A.152 of 2011 to punish the petitioners for disobeying the order of the Court. The respondent filed application for amendment of the plaint to include the relief of possession. The petitioners did not object the said application after receiving notice in the said application. The said application was ordered and amendment was carried out. After amendment, the suit was decreed exparte as the petitioners did not contest the suit.