STATE OF TAMIL NADU Vs. LAKSHMI

JUDGEMENT

(1.) Aggrieved over the order dated 28.04.2014 passed in I.A.No.27 of 2013 in unnumbered A.S. filed on the file of the Subordinate Court, Sankari, which preferred as against the judgment dated 23.02.2012, made in O.S.No.156 of 2007 on the file of the District Munsif Court, Sankari, the petitioners, who are the defendants in the above referred suit filed the present Civil Revision Petition.

(2.) Before the trial Court, the respondents in this revision petition as the plaintiffs, filed a suit in O.S.No.156 of 2007 as against the revision petitioners and sought for the relief of mandatory injunction restoring the suit property in its original position by the petitioners at their costs. By the judgment and decree dated 23.02.2012, the learned District Munsif, Sankari, allowed the said suit in favour of the respondents and decreed the suit as prayed for. Challenging the same, the petitioners herein did not file an appeal within the time stipulated under the Limitation Act . However, they wanted to challenge the said findings, for which, they have filed an application in I.A.No.27 of 2013, under Section 5 of Limitation Act and prayed to condone the delay of 388 days in filing an appeal suit as against the decree and judgment passed in O.S.No.156 of 2007.

(3.) In the affidavit filed in support of the application in I.A.No.27 of 2013, the petitioners have stated that their Advocate filed copy application for getting decree and judgment on 05.11.2012 and it was ready only on 17.11.2012 and thereafter delivered on 19.11.2012. Further stated that the appellants/petitioners, due to the heavy works in their office in implementing the State Government rural roads works in their block, they did not met and entrust the above matter to the Government Pleader attached with the Sub Court, Sankari, immediately, for filing an appeal.