MADHAVAN PILLAI Vs. THABASI

JUDGEMENT

(1.) This revision is directed against the order dated 27.4.2018 passed in I.A.No.120 of 2013 in O.S.No.84 of 2006 on the file of the learned District Court, Kanyakumari, dismissing the petition filed by the petitioners under Section 5 of the Limitation Act to condone the delay of 1716 days in filing the petition to set aside the ex parte decree dated 29.1.2008. The defendants are husband and wife.

(2.) The respondent herein filed the suit for recovery of a sum of Rs. 7,68,740/- from the petitioners being the advance amount received by them based on the agreement dated 4.5.2006 with subsequent interest at the rate of 12% per annum from the date of plaint till the date of realisation. By the judgment dated 29.1.2008, an ex parte decree has been passed in the suit.

(3.) Pursuant to the decree dated 29.1.2008, the respondent had filed E.P.No.34 of 2008 seeking to sell the properties described in the Execution Petition, which were already attached before judgment for realisation of the decree amount.