P. CHOCKALINGAM Vs. MANJULA

JUDGEMENT

(1.) CHALLENGING the order passed in C.M.P. Nos. 1323 and 1324 of 2013 in A.S.(SR) Nos. 48303 and 48304 of 2013, these revision petitions have been filed.

(2.) PETITIONER is the plaintiff in O.S. No. 2205 of 2007 on the file of XVIII Assistant Judge, City Civil Court, Chennai. The suit was filed against the respondents in C.R.P. No. 3711 of 2014 for declaration declaring that the auction held on 29.03.2007 is null and void and to restrain the auctioneer from executing the sale deed. In O.S. No. 4585 of 2007, the petitioner is the defendant. The suit was filed by the respondent in C.R.P. No. 3710 of 2014 for recovery of possession. The learned XVIII Assistant Judge, City Civil Court, by judgment dated 28.11.2008 dismissed the suit filed by the petitioner and decreed the suit filed by the respondent in C.R.P. No. 3710 of 2014.

(3.) THE petitioner has stated in the affidavit filed in the delay condonation petitions that after disposal of both the suits, as per the advice of his counsel, he filed a suit in O.S. No. 7726 of 2010 for redemption of mortgaged property; that the suit was also dismissed and the appeal filed against the judgment and decree was pending in the delay condonation stage. It is further stated in the affidavit that the respondent in C.R.P. No. 3710 of 2013 has levied execution petition in E.P. No. 2141 of 2009 and thereafter, the petitioner approached the present counsel for redressal of his grievance to redeem the property. It is stated in paragraph No. 8 of the affidavit that due to the advice given by the earlier counsel, the petitioner did not file appeals against the common judgment passed in O.S. Nos. 4585 and 2205 of 2007 and only due to the advice of the counsel he filed another suit and did not file any appeal against the dismissal of his suit. Resisting the petitions, the respondent filed counter and contested the matter. The learned Principal Judge, City Civil Court, Chennai, dismissed both the petitions. Aggrieved by the said order, the present revisions are filed.