Madras High Court
S. Latha vs S. Kamala on 8 July, 2021
C.R.P.(N.P.D).No.3915 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD) No.3915 of 2018
and
CMP No.21715 of 2018
S. Latha ... Petitioner
Vs
S. Kamala ... Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the Judgment and Decree dated
27.02.2018 made in CMA No.7 of 2017 on the file of the Principal
District Judge, Vellore, confirming the fair and decreetal order dated
22.09.2017 made in I.A.No.454 of 2016 in O.S.No.5 of 2015 on the file
of the Subordinate Judge, Vellore.
For Petitioner : Mr.PA. Sudesh Kumar
For Respondent : Mr.P.Mani
ORDER
This Civil Revision Petition is filed against the Judgment and
Decree dated 27.02.2018 made in CMA No.7 of 2017 on the file of the
Principal District Judge, Vellore, confirming the fair and decreetal order
dated 22.09.2017 made in I.A.No.454 of 2016 in O.S.No.5 of 2015 on
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.3915 of 2018
the file of the Subordinate Judge, Vellore, thereby confirming the order
passed by the Trial Court, thereby dismissing the petition to set aside the
ex-parte decree.
2. The petitioner is the defendant and the respondent is the
plaintiff. The respondent filed a suit for specific performance on the
strength of the agreement for sale dated 21.12.2011. Since, the
petitioner failed to perform his contract, the respondent filed a suit for
specific performance. On receipt of the suit summons, the petitioner
failed to appear before the Trial Court and as such he was set ex-parte
and ex-parte decree was passed on 16.03.2015. On the strength of the
ex-parte decree, the respondent filed an Execution Petition in E.P.No.26
of 2015 and in the Execution Petition, the petitioner was also duly served
notice. After receiving summon in the execution proceedings, in which,
he also failed to appear before the Execution Court and he was set
ex-parte. Thereafter, the petitioner filed a petition to set aside the
ex-parte decree with a delay of 300 days in filing the petition to set aside
the ex-parte decree.
3. A perusal of the order in the condone delay petition to set
aside the ex-parte decree shows that the respondent was served, the
respondent called absent and was set ex-parte by an order dated
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.3915 of 2018
17.10.2016. Thereafter, in setting aside the ex-parte decree, the
respondent filed a counter.
4. On perusal of the affidavit filed in support of the ex-parte
decree petition revealed that the petitioner was suffered with Jaundice
and as such he could not appear before the Court below. In fact, he also
received summons notice in the execution proceedings, in which, he also
failed to appear before the Execution Court. There is no sufficient reason
stated by the petitioner in the petition for his non-appearance on the date
he was set ex-parte. That apart, the Execution Petition was allowed and
sale deed was executed in favour of the respondent herein on 27.02.2018
and the possession of the property was handed over to the respondent on
27.02.2018. Therefore, the Court below rightly dismissed the petition
and this Court finds no infirmity or illegality in the order passed by the
Court below. Accordingly, the Civil Revision Petition is dismissed.
Consequently, connected Miscellaneous Petition is closed. No costs.
08.07.2021
lpp
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.3915 of 2018
G.K.ILANTHIRAIYAN,J.
lpp
To
1.The Principal District Judge,
Vellore.
2.The Subordinate Judge,
Vellore.
C.R.P.(NPD) No.3915 of 2018
and CMP No.21715 of 2018
08.07.2021
https://www.mhc.tn.gov.in/judis/
