The Civil Revision Petition is filed by the defendants 2, 3, 5, 6 and 8 challenging the order and decreetal order dated 8.4.2009 passed in I.A.No.1406 of 2008 in O.S.No.216 of 2007 on the file of the District Munsif Court, Perambalur.
2. In the cause title it is stated that the 4th revision petitioner is died. Vakalat also not filed by the 4th revision petitioner. It is not known how the 4th revision petitioner is added in the cause title.
3. Respondent/plaintiff filed a suit seeking permeant injunction to restrain the defendants, the revision petitioners and four others from interfering with the peaceful possession and enjoyment of the suit property by him. Along with the suit, I.A.No.598 of 2007 has been filed seeking temporary injunction against the revision petitioners and four others. The I.A.No.598 of 2007 was taken for up for hearing on 26.2.2008 and then adjourned to 5.3.2008. The defendants 2, 3, 5, 6 and 8 did not appear on 5.3.2008 and were therefore, set ex parte. Consequently, an ex parte order of interim injunction was passed on 5.3.2008. Thereafter issues were framed and the suit was posted for trial on 16.10.2008.
4. Thereafter, the revision petitioners filed an application I.A.No.No.1406 of 2008 during October 2008 supported by affidavit to set aside the ex parte order of interim injunction passed on 5.3.2008. In the affidavit the reason given for non appearance of the revision petitioners/defendants 2, 3, 5, 6 and 8 on 5.3.2008 is that due to the ill health of one of the defendants, viz., 3rd defendant, she could not meet her counsel and instruct him as what should be argued. Since the counsel did not argue the case, the ex parte order of interim injunction has been passed in I.A.No.598 of 2007. Therefore, the application I.A.No.1406 of 2008 has been filed to set aside the ex parte order of interim injunction. This was opposed by the respondent/plaintiff and the court below by order dated 8.4.2009, which is under challenge, dismissed the application filed for setting aside the ex parte order of interim injunction on the ground that no good reason has been shown for non appearance on the various dates, when the matter was posted for enquiry. Further, the I.A.No.1406 of 2008 has been filed belatedly (i.e.) after a period of seven months which shows the lethargy and lack of bona fide on the part of revision petitioners. Aggrieved thereby, the present revision petition has been filed.
5. On going through the affidavit filed in I.A.No.1406 of 2008, this court is unable to show any indulgence to the revision petitioners as the affidavit is bereft of details, vague, lacking in material particulars and the reasons given are unpalatable. Further, the delay in filing the application to set aside the ex parte order of interim injunction has also not been explained. In this view of the matter, there is no serious infirmity in the order of the court below to interfere with.
6. Finding no merits, this Civil Revision Petition is dismissed at the admission stage. Consequently, connected miscellaneous petition is closed. Counsel for the revision petitioners prays for early disposal of the suit. It is open to the revision petitioners to approach the court below for early disposal of the suit in accordance with law.