A SEYED HAKIM Vs. K S MAIDEEN

JUDGEMENT

(1.) This Original Side Appeal has been arising out of the order dated 29.07.2009 made in A.No.5123 of 2008 in C.S.No.532 of 2001 and condoning the delay of 498 days in filing an application to set aside the exparte decree dated 19.02.2007 made in C.S.No.532 of 2001.

(2.) Appellants as Plaintiffs filed a suit in C.S.No.532 of 2001 praying to set aside the sale deed dated 27.01.1999 executed by the second defendant in favour of first defendant registered as document No.203 of 1999 and for a declaration that the Appellants/Plaintiffs are the original owners having absolute title to the suit property viz., Door No.32 (Old No.25A), Muniram Pandian Lane, Old Washermenpet, Chennai-600 021 and also for permanent injunction and other consequential relief. Along with the suit, Appellants/Plaintiffs have filed application for injunction, in which, the first respondent/first defendant entered appearance. Since the first respondent/first defendant has not filed the written statement in time, the matter was placed before "Undefended Board" and exparte decree has been passed on 19.02.2007.

(3.) First respondent herein has filed an application in A.No.5123 of 2008 to condone the delay of 498 days in filing the application to set aside the exparte decree dated 19.02.2007, stating that he had fallen from the ladder and suffered multiple fractures in the leg and that he was initially getting treatment in Madras and later went to Puthur for further treatment and therefore, he could not contact his counsel and filed written statement in time. He has also filed an additional affidavit in the said application.