CRP.NPD.No.492 of 2008 Chockalingam .. Petitioner / Applicant / Defendant Vs.
Dharman .. Respondent / Respondent / Plaintiff Prayer in CRP.NPD.No.2119 of 2004:- This Revision has been filed under
Article 227 of the Constitution of India against the order dated 05.03.2004 in I.A.No.3779 of 2003 in O.S.No.230 of 1993 on the file of the Principal District Munsif, Kallakurichi.
Prayer in CRP.NPD.No.492 of 2008:- This Revision has been filed under Section 115 of CPC against the order dated 28.11.2007 in I.A.No.52 of 2004 in O.S.No.303 of 1993 on the file of the Principal District Munsif, Kallakurichi.
There is no representation for the revision petitioner in CRP.NPD.No.2119 of 2004. Heard the learned counsel for the revision petitioner in CRP.NPD.No.492 of 2008.
2.CRP.NPD.No.491 of 2008 has been directed against the order passed in I.A.No.52 of 2004 in O.S.No.303 of 1993 on the file of the Court of Principal District Munsif, Kallakurichi. To condone the delay of 1039 days in preferring a petition under Order 9 Rule 13 of CPC the said application was filed in O.S.No.303 of 1993. The plaintiff in O.S.No.303 of 1993 has filed the suit for declaration that the suit property belongs to the family of the plaintiff and for recovery of possession and also for the mandatory injunction. The said suit was decreed exparte on 2.1.2001. To set aside the exparte decree after condoning the delay of 1039 days, the revision petitioner had filed I.A.No.52 of 2004 in O.S.No.303 of 1993. After going through the averments in the petition as well as the counter and after taking into consideration the oral and documentary evidence let in on both sides, the learned Principal District Munsif had dismissed the I.A.No.52 of 2004 in O.S.No.303 of 1993.
3.CRP.NPD.No.2119 of 2004 has been directed against the order passed in I.A.No.3779 of 2003 in O.S.No.230 of 1993. The said O.S.No.230 of 1993 was filed by the revision petitioner in CRP.NPD.No.492 of 2008 for declaration of his title and also for permanent injunction in respect of the plaint scheduled property. The survey number property scheduled in both the plaints in O.S.No.303 of 1993 and O.S.No.230 of 1993 are one and the same except the extent. In O.S.No.303 of 1993 the extent of the property scheduled to the plaint is given as East West 60 feet, South North 7 = feet in Survey No.70/1A in Thiyagadurgam Village whereas the extent of the property scheduled to the plaint in O.S.No.230 of 1993 is given as East West 50 feet and South North 15 feet in S.No.70/1A Thiyagadurgam Village.
4.O.S.No.230 of 1993 was dismissed for default on 17.10.2000. To condone the delay in filing a petition to restore the suit, the revision petitioner in CRP.NPD.No.492 of 2008 had filed I.A.No.3779 of 2003 in O.S.No.230 of 1993, which was allowed on payment of cost of Rs.1,500/- on 5.3.2004. Aggrieved by the said order of the learned trial Judge, the respondent in I.A.No.3779 of 2003 in O.S.No.230 of 1993 has preferred CRP.NPD.No.2119 of 2004. There is no representation for the revision petitioner in CRP.NPD.No.2119 of 2004, who is the respondent in CRP.NPD.No.492 of 2008. Hence, the CRP.NPD.No.2119 of 2004 is dismissed for non-prosecution. For complying with the conditional order passed in I.A.No.3779 of 2003 in O.S.No.230 of 1993 15 days time is given to the respondent in CRP.NPD.No.2119 of 2004 from today. On such compliance, the learned Trial Judge shall restore O.S.No.230 of 1993 to his file and dispose of the same in accordance with law within three months thereafter.
5.As far as CRP.NPD.No.492 of 2008 is concerned there is no valid reasoning stated in the affidavit to the petitioner in I.A.No.52 of 2004 in O.S.No.303 of 1993 to condone the delay of 1039 days in preferring a petition under Order 9 Rule 13 of CPC as held by the trial Judge. I do not find any reason to interfere with the orders of the learned trial Judge in I.A.No.52 of 2004 in O.S.No.303 of 1993 on the file the Court of Principal District Munsif, Kallakuruchi. It is made clear that till the disposal of O.S.No.230 of 1993 on the file of the Principal District Munsif, Kallakurichi, the execution proceedings in O.S.No.303 of 1993 on the file of the Principal District Munsif, Kallakurichi, shall not be proceeded with.
6.In fine, both the Revisions are dismissed. Connected Miscellaneous Petition is dismissed. No costs.
ssv To, The Principal District Munsif, Kallakurichi