Application to set aside exparte order cannot be filed that too with inordinate delay of 5114 days

Citation 

AIROnline 2022 Mad 1890

Madras High Court

(MADURAI BENCH) MRS. S. ANANTHI, J.

C.R.P(MD) - 1652 of 2015 D/-10-6-2022

Rukmani Ganesan v. Jayalakshmi Nallammal

Civil P.C. (5 of 1908), S.82, 0.9 R.13 Execution

proceedings - Suit for recovery of money decree

passed ex parte Application for settling aside

experte order dismissed - In execution proceedings,

application for setting aside ex parte order, filed by

one of defendants - Without filing petition to set aside

decree, in execution petition, application to set aside

exparte order cannot be filed that too with inordinate

delay of 5114 days - Moreover when sale is confirmed

and possession also handed over to purchaser and

Execution Petition is also terminated.

Ajmal Khan, Senior Advocate, For (Paras 13 14 16) M/s. Ajmal Associates for Petitioner; V. Meenakshi Sundaram, For G. Mohan Kumar for Respondent.

Cases Referred

Chronological Paras