M. KARUPPURAJ Vs. M. GANESAN

JUDGEMENT

(1.) Seeking to review the Judgment and Decree dated 27.11.2017 passed by this Court in A.S. No. 94 of 2010, the respondent therein has come forward with this Review Application.

(2.) For the sake of convenience, the respondent in this Review Applicant herein shall be referred to as 'plaintiff' and the review applicant shall be referred to as 'defendant', as has been arrayed in the suit.

(3.) The respondent herein, as plaintiff, has instituted the suit in O.S. No. 562 of 2006 on the file of the I Additional District Court, Coimbatore for specific performance of the agreement dated 11.04.2006. The suit was dismissed by the trial court by a judgment and decree dated 25.08.2009. Challenging the same, the plaintiff/respondent herein has filed A.S. No. 94 of 2010 before this Court. In the appeal, even though notice was served on the review applicant/defendant on 09.04.2010, he has not chosen to appear before this Court to defend the appeal. However, the hearing of the appeal was periodically adjourned for about 7 1/2 years from 09.04.2010 to 14.11.2017 and on all those hearings, there was no representation for the review applicant/defendant. Therefore, by the Judgment and Decree dated 27.11.2017, this Court allowed the appeal preferred by the respondent/plaintiff and directed him to deposit the balance sale consideration before the trial court. Pursuant to the Judgment and Decree passed by this Court on 27.11.2017 in A.S. No. 94 of 2010, the respondent/plaintiff herein has deposited the balance sale consideration of Rs.12,60,000/- to the credit of the suit on 25.01.2018 before the trial court. Thereafter, the respondent/plaintiff has filed E.P. No. 6 of 2018 in O.S. No. 565 of 2006 on 03.03.2018. Even in the Execution Petition, notice was ordered to the review applicant/defendant on 26.04.2018 after which he has entered appearance on 25.07.2018 through an advocate by name K. Saravanakumar. Thereafter, the Execution Petition was posted for filing counter of the review applicant/defendant on various dates, but the counter affidavit has not been filed till 21.02.2019. Therefore, the Execution Petition was posted to 28.02.2019 for filing draft sale deed and on that date, a draft sale deed was also filed. Subsequently, the Execution Petition was posted for further proceedings on various dates till 11.03.2019, on which date, a fair sale deed was also filed by the respondent herein before the trial court. While so, on 11.03.2019, the review applicant has filed the present review application before this Court with an application in CMP No. 2109 of 2019 for condoning the delay of 344 days in filing the review application. On 19.03.2019, the CMP No. 2109 of 2019 was allowed by the Division Bench of this Court which directed the respondent/plaintiff to file a counter in the Review Application. At this stage, on 28.03.2019, the trial Court executed a sale deed in favour of the respondent/plaintiff on behalf of the review applicant/defendant and on 02.04.2019, the Execution Petition No. 6 of 2018 was allowed. Thereafter, on 12.04.2019, the respondent/plaintiff has filed EP No. 80 of 2019 for delivery of possession of the suit property. On coming to know about the filing of the EP No. 80 of 2019, the review applicant herein has taken up an application in CMP No. 12839 of 2018 in Review Application No. 71 of 2019 and this Court granted interim stay of the execution proceedings on 18.06.2019. Now, the Execution Petition filed by the respondent/plaintiff is pending for deliverance of the property inasmuch as this Court has granted interim stay of all further proceedings in the Execution Petition.