LAWS(MAD)-1993-9-113

KARUPPAN CHETTIAR Vs. KARUPPIAH AND ORS.

Decided On September 29, 1993
KARUPPAN CHETTIAR Appellant
V/S
Karuppiah And Ors. Respondents

JUDGEMENT

(1.) C.R.P. No. 4497 of 1987 is filed against the order in C.M.A. No. 26 of 1987 on the file of the District Court, Pudukottai, confirming the order passed in E.P. No. 582 of 1984 on the file of the' District Munsif's Court, Pudukottai.

(2.) C.R.P. No. 4498 of 1987 is filed against the order in C.M.A. No. 20 of 1987 on the file of the District Court, Pudukottai, confirming the order in E.A. No. 633 of 1985 in E.P. No. 582 of 1984 on the file of the District Munsif s Court, Pudukottai.

(3.) The short facts are : Respondents have obtained a decree for specific performance of an agreement of sale against the revision petitioner. Since the revision petitioner did not execute the sale deed as per the decree, the respondents filed E.P. No. 582 of 1984 for execution of the sale deed by the court. In E.P. No. 582 of 1984 an ex parte order was passed and the court had executed the sale deed. While so, the revision petitioner filed E.A. No. 633 of 1985 to set aside the ex pane order passed in E.P. No. 582 of 1984 alleging that he was not served with any notice and that he came to know of the ex pane order only on the previous day of the filing of the application. That was resisted by the respondents. After enquiry, the learned District Munsif had dismissed E.A. No. 633 of 1985 and allowed E.P. No. 582 of 1984. Aggrieved by the said orders, the revision petition filed C.M.A. Nos. 20 and 26 of 1987 respectively. Having failed there, he has come forward with these revision petitions.