NAVANEETHA KRISHNAN Vs. BALA KRISHNAN

JUDGEMENT

(1.) THIS Civil Revision Petition is filed to set aside the judgment and decree dated 9.3.2007 passed in OS.No.191/2006 by the learned District Munsif cum Judicial Magistrate, Nanguneri and to direct the said court to rehear the suit afresh and dispose of the same in accordance with law.

(2.) THE petitioner/plaintiff has filed the above said suit for declaration that the sale deed executed by the 1st respondent dated 26.6.2006 in favour of the 2nd respondent is not valid and also for a direction to the 1st respondent to execute the registered sale deed in favour of the petitioner and for consequential injunction restraining the 2nd respondent from creating any further encumbrance in the suit property. THE respondents/defendants though appeared through their Advocate, but did not file a written statement and hence, they were set exparte.

(3.) THE facts of this case would indicate that the defendants though appeared through their Advocate on 9.3.2007 but failed to file the written statement despite many adjournments but however, the judgment and decree had been passed by the lower court after analysing the evidence produced by the plaintiff dismissing the suit on merits.