This revision petition is directed against the order passed by the Execution Court in the petition under Section 47 CPC filed by the respondents herein.
2.The case of the respondents/defendants is that in the suit in O.S.No.136 of 1992, a decree was passed and thereafter, in pursuant to the compromise, the Execution Petition filed, was also closed. However, the revision petitioner who is the plaintiff in the suit denies the alleged compromise as well as allocation of C , D, E, F,G, C portions to the plaintiff.
3.Since the Trial Court has not accepted the contention of the plaintiff and allowed Section 47 application recording the compromise, CRP.SR(MD)No.9655 of 2004 has been filed along with M.P(MD)No.1 of 2009, to condone the delay of 1730 days in re-presentation.
4.The counsel for the respondents submits that there is no genuine reason for condoning the delay in re-presentation and the suit is of the year 1992 and EP was closed as early as in 1998. The present revision petition which was presented in the Court in the year 2004, is yet to be numbered due to enormous delay in re-presentation.
5.It is also pointed out by the counsel for the respondents that the petitioner was minor at the time of filing the revision petition and by this time, he would have attained majority. But, the revision petitioner has not taken any steps to declare himself as major. This only indicates the mala fide intention of the revision petitioner to protract the proceedings and keep the respondents as tenterhook.
6.This Court finds that the revision petition which was presented on 17.09.2004, was not re-presented in time, after return for rectifying the defects. Meanwhile, the 1st respondent also died and a petition filed for bringing the legal representatives of the deceased 1st respondent was also returned for defective filing. That application was re-presented with the delay of 648 days. This clearly indicates the dis-interest of the party to pursue the legal course except to keep the papers dormant.
Therefore, this Court is not inclined to entertain such litigation. Hence, CRP.SR(MD)No.9655 of 2004 and MP(MD)No.1 of 2009 and CMP(MD)Nos.3487 of 2016 and 1078 of 2017 are dismissed.
To The District Munsif, Aruppukottai..