MEHARUNNISSA Vs. M RAMAMURTHY

JUDGEMENT

(1.) This civil revision petition has been filed against the order dated 08.09.2017 passed in I.A.No.532 of 2014 in Unnumbered appeal CFR.No.16333 of 2014 on the file of the I Additional District Judge, Erode.

(2.) The first respondent is plaintiff and petitioners are defendants in the original suit in O.S.No.37 of 2001 on the file of the learned Subordinate Judge, Erode, for declaration and delivery of possession. The said suit was decreed exparte by judgment and decree dated 19.07.2010. Aggrieved against the same, the petitioners/defendants have filed an application in I.A.No.264 of 2012 seeking to set aside the exparte decree and the same was dismissed on merits by order dated 04.01.2013. The petitioners challenged the order dated 04.01.2013 in C.M.A.No.7 of 2014 before the learned II Additional District and Sessions Judge, Erode, and the same was also dismissed by order dated 04.04.2013. Thereafter, the petitioners have preferred civil revision petition in C.R.P.No.1481 of 2013 before this Court, which was also dismissed on 30.04.2013. Subsequent, after dismissal of the said revision petition, the petitioners have preferred appeal in CFR No.16333 of 2014 (unnumbered appeal) along with the application in I.A.No.532 of 2014 under Section 41 Rule 3-A and Section 151 of CPC against the exparte decree dated 19.07.2010 seeking to condone the delay of 1213 days in filing the above appeal. The II Additional District Court, Erode after giving due opportunities to both the parties, dismissed the application by order dated 08.09.2017.

(3.) Aggrieved against the order dated 08.09.2017 made in I.A.No.532 of 2014, the petitioners are before this Court with the present civil revision petition.