SYED KASIM Vs. SYED AMIR

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging the order dated 24.4.2009 passed in I.A.No.38 of 2009 in O.S.No.915 of 1994 on the file of the District Munsif, Gudiyattam.

(2.) RESPONDENT filed the suit O.S.No.915 of 1994 for specific performance of an agreement of sale of 6 cents out of 38 cents in Bojanapuram village. The agreement is dated 20.10.1993. The suit was filed on 31.12.1994. The trial commenced in June, 1999 and the plaintiff was cross examined by the revision petitioner/defendant in December, 1999. From 15.12.1999, the suit was adjourned for defendant's side evidence. On 4.9.2000 one Mr.P.Sambandamurthy, a new counsel entered appearance on behalf of the revision petitioner/defendant. Thereafter, the ex parte decree was passed on 16.10.2000. Execution Petition No.68 of 2009 was filed in June 2009.

(3.) FURTHER more in this case, the sale deed has been executed by the Court below on 28.7.2009 consequent to the order passed in E.P.No.68 of 2009. It is stated that the respondent/plaintiff has already constructed a house and living there.