AYYASAMY Vs. SHANMUGAM

JUDGEMENT

(1.) The defendant is the revision petitioner. The suit in O.S.No.20 of 2007 is a suit for Specific Performance of an agreement of sale. The said sale agreement had been entered into on 19/11/2003. Six months' time was agreed upon between the parties for the purpose of execution of the sale deed. However, the sale was not executed within the said period. Nearly, three years thereafter, the suit in O.S.No.20 of 2007 was filed before Principal District Court, Villupuram. The said suit was decreed on 10/12/2008.

(2.) Between 2008 and 2017, nothing seems to have transpired. It was on 28/8/2017, an execution petition was filed in E.P.No.55 of 2017. At the time of filing the said execution petition, it was noticed that the balance amount of sale consideration was not deposited by the decree holder/plaintiff. Subsequently, the said amount was deposited and the execution petition was taken on file. In the execution petition, notice was issued by the Court and the judgment debtor had entered appearance on 12/1/2018. The judgment debtor filed a petition to condone the delay in setting aside the exparte decree dtd. 10/12/2008, on 4/12/2018. In the mean time, the judgment debtor was set exparte in E.P.No.55 of 2017. On 10/6/2019, by the impugned order, the petition filed to condone the delay in setting aside the exparte decree was dismissed Consequent to the dismissal, the sale deed was executed by the learned Principal District Judge on 6/8/2019. Learned counsel for the respondent informs this Court that the sale deed was also registered by the learned Principal District Judge on 16/8/2019. This civil revision petition came to be filed before this Court on 5/8/2019. By an order dtd. 16/8/2019, this Court ordered notice of motion returnable in four weeks.

(3.) Notice was served on the respondent and the matter was heard for several days. At the time of hearing, it was found necessary by this Court to summon the original records. The originals have also been placed before me. I have gone through the same.