LAWS(MAD)-2014-12-149

R. VENKATARAMAN Vs. R. KUMAR

Decided On December 08, 2014
R. VENKATARAMAN Appellant
V/S
R. Kumar Respondents

JUDGEMENT

(1.) THESE civil revision petitions have been filed against the common order passed in E.A. Nos.132, 133, 134 and 135 of 2014 in E.P. No.3 of 2010 by the learned Principal District Judge, Chengalpattu.

(2.) THE petitioner is the 3rd party to the suit in O.S. No.440 of 2006. The first respondent instituted the suit before the District Judge, Chengalpattu against the respondents 2 and 3 herein for specific performance of the agreement of sale dated 29.11.2005 and for mandatory injunction directing the second respondent to hand over the documents pertaining to the suit property to the plaintiff. The suit was decreed ex parte on 25.08.2009. The application filed by the first defendant in I.A. No.1518 of 2009 to set aside the ex parte decree was allowed by the trial court on 02.08.2010 on condition that she shall pay cost of Rs.1,000/ - to the plaintiff on or before 16.08.2010. Due to non -compliance of the condition, the application was dismissed on 17.09.2010. The appeal filed against the order came to be dismissed by this court on 11.08.2013.

(3.) THE applications were resisted by the first respondent stating that he is bonafide purchaser and as per the decree in O.S. No.440 of 2006, he is entitled for possession of the property. The executing court dismissed the applications by a common order dated 08.08.2014. Aggrieved by the order the present petitions have been filed.