SANDHYA RANI Vs. A. SHANMUGAM

JUDGEMENT

(1.) Since the issues involved in both the petitions are one and the same, they are taken up together and a common order is being passed.

(2.) The present Civil Revision Petitions have been filed to set aside the orders dtd. 30/3/2023 and 6/2/2023 passed by the learned Subordinate Judge, Uthangarai in E.P.No.23 of 2014 and REA No.27 of 2015 in REP No.23 of 2014 in O.S.No.66 of 2004 respectively.

(3.) Originally the Respondent had filed a suit in O.S.No.66 of 2004 on the file of the Subordinate Judge, Krishnagiri for specific performance of an alleged agreement of Sale dtd. 27/11/2000 with an alternate prayer to refund the sale consideration of Rs.2,00,000.00 paid by him with simple interest at the rate of 12% per annum from date of plaint till the date of realisation. The Trial court by its order dtd. 27/9/2005, passed an exparte decree by granting both, viz., the Prayer for Specific Performance and the alternate relief of Return of the Advance amount. Thereafter, the respondent had filed the R.E.P.No.128 of 2008 and presently renumbered as REP No.23 of 2014. The petitioners had filed R.E.A No.27 of 2015 for deposit of a sum of Rs.2,00,000.00 together with 18% interest thereon for the advance paid by the respondent. The said application was filed for the reason that the alternative prayer in the judgement dtd. 27/9/2005 was also granted, which is for return of advance of Rs.2,00,000.00 along with interest. A counter was filed in the said application and after arguments, the same was dismissed by the learned Subordinate Judge by order dtd. 6/2/2023. Challenging the same the petitioner has filed CRP No: 1932 of 2023 before this Court. Subsequently the trial court by its order dtd. 30/3/2023 had allowed the said Execution Petition filed by the respondent and directed to file the draft sale deed. Challenging the said order the petitioner had filed a CRP No: 1873 of 2023 before this Court.