Prayer in CRP.SR(MD) No. 5950 of 2015: Petition filed the under Section 115 CPC, against the fair and decreetal order passed in E.P No. 84 of 2006 in O.S No. 777 of 1979 on the file of the Principal District Munsif Court, Nagercoil, dated 09.08.2011
Prayer in CMP(MD) No. 2918 of 2017: Petition filed under Section 5 of the Limitation Act, to condone the delay of 1150 days in filing the civil revision petition.
The Order of the Court was delivered by
G. Jayachandran, J.:— The petitioners are judgment debtors in E.P No. 84/06 in O.S No. 777/79. Aggrieved by the order passed in E.P No. 84 of 2006 in O.S No. 777 of 1979, dated 09.08.2011, the present revision petition is filed with the delay of 1150 days.
2. The learned counsel for the revision petitioners submitted that the suit filed for declaration and possession was decreed in 2003. The Execution Petition was filed and the same was dismissed. Aggrieved by that, Civil Miscellaneous Appeal was filed, in which, the order passed by the Execution Court was confirmed. While confirming the order, the appellate Court has also recorded that against the order passed under Order 21 Rule 95, appeal cannot be preferred under Order 43 and for that reason also, CMA was dismissed. Therefore, the learned counsel for the petitioners submitted that having approached the wrong Court, there was a delay of 1150 days in pursuing the present revision. Hence, the same has to be condoned.
3. On perusal of the order passed in CMA. No. 3/12 and I.A No. 324/14 dated 29.10.2014, this Court finds that it was not a dismissal of simpliciter for want of jurisdiction, but a reasoned order, in which, the appellate Court has discussed the merits of the case and dismissed the appeal on merits. Incidentally, it has also pointed out that the appellants have preferred appeal instead of revision. Further, the order made in CMA was passed on 29.10.2014 and order copy was made ready on 01.12.2014 Thereafter, the present revision petition has been presented on 09.02.2015 challenging the order passed in E.P No. 84 of 2006 dated 09.08.2011
4. Since the appellate Court has passed the order on merits and that is not challenged, instead, the order passed in EP is challenged after the delay of 1150 days, this Court is not inclined to condone the delay and entertain the revision petition.
5. Accordingly, CRP.SR(MD) No. 5950 of 2015 and CMP(MD) No. 2918 of 2017 are dismissed.
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