2.Learned Counsel for the petitioner submitted that one Palaniammal / landlord initiated the rent control proceedings as against one Jeeva Rathinam Ammal / tenant. Pending the proceedings, both the landlord and the tenant died and their respective legal heirs were brought on record. The first respondent filed the execution petition in E.P.No.39 of 2019 for recovery of possession. According to the petitioner, the execution petition was initially filed against Jeeva Rathinam Ammal and after her demise, the petitioner and the respondents 2 to 10 herein were impleaded as legal heirs. Since they were not parties to the proceedings, they were not in custody of the documents in those proceedings. Therefore, they applied for the certified copies of the documents, as soon as they entered appearance through their Counsel. In view of the delay in getting the certified copy, they were not able to give necessary instructions to their Counsel for filing counter in the execution proceedings and therefore, they were set ex-parte in the execution proceedings. In filing the application to set aside the ex-parte order, there was a delay of 74 days and therefore, they filed an application to condone the delay, which was returned without even numbering.
