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Judgment
M. Jaichandren, J.—This Original Side appeal has been filed against the order, dated 25.04.2013, passed by the learned Single Judge, in
the Application, in A. No. 1266 of 2013, in C.S. No. 529 of 2010. It is noted that the application, in A. No. 1266 of 2013, has been filed for
condoning the delay of 12 days in filing the application to set aside the exparte decree, dated 19.07.2013, passed in C.S. No. 529 of 2010.
The main contention of the learned counsel appearing on behalf of the appellant is that even though the above said application had been filed six
months before the filing of the Execution Petition, the application for condoning the delay in filing the application to set aside the exparte decree had
been numbered and brought up for hearing only after the filing of the execution petition. The learned counsel for the appellant had further submitted
that the respondent has not taken any steps for bringing up the application for setting aside the exparte decree for hearing and therefore, the
execution proceedings had been delayed. The learned counsel had also submitted that the respondent has caused the undue delay, intentionally, in
order to drag on the execution proceedings.
Upon hearing the submissions made by the learned counsel appearing on behalf of the appellant and on perusal of the materials available on
record, we find that the appellant has not shown any genuine reason to set aside the order passed by the learned Single Judge, dated 25.04.2013,
made in the Application, in A. No. 1266 of 2013, in C.S. No. 529 of 2010. We find that Application in A. No. 1266 of 2013, had been filed to
condone the delay of only 12 days in filing the application to set aside the exparte decree passed in C.S. No. 529 of 2010. Hence, the reasons
stated by the learned counsel appearing on behalf of the appellant cannot be sustained. In such view of the matter, we find it appropriate to dismiss
the Original Side Appeal and accordingly, it is dismissed. No costs.