M. KESAVAN Vs. A. JAYARAMAN

JUDGEMENT

(1.) THESE civil revision petitions have been filed against the order dated 15.09.2010 passed by the learned Subordinate Judge, Poonamallee, in E.A. No. 29 of 2010 in E.P. No. 63 of 2009 in O.S. No. 21 of 1994. The petitioner in CRP. NPD. No. 142 of 2012 and the respondent in CRP. NPD. No. 3249 of 2013 had instituted the suit against the respondent in CRP. NPD. No. 142 of 2012 and the petitioner in CRP. NPD. No. 3249 of 2013 for specific performance. After trial, the suit was decreed on 11.04.2000. Aggrieved by the Judgment and Decree, the defendant preferred an appeal in A.S. No. 302 of 2000 before this Court. During the pendency of the appeal, a settlement was reached between the parties and a fresh agreement of sale dated 30.07.2008 was entered into between the parties. In pursuance of the agreement, the appeal was withdrawn as settled out of Court.

(2.) AS per the agreement of sale dated 30.07.2008, the decree holder has agreed to pay to the Judgment Debtor a sum of Rs. 2,10,00,000/ - towards fresh sale consideration and complete the transaction within a period of three months. According to the Judgment Debtor, the Decree Holder has failed to comply with the terms and conditions of the agreement of sale dated 30.07.2008 however, he laid the execution proceedings in E.P. No. 63 of 2009.

(3.) THE Decree Holder has not denied the settlement, reached during the pendency of the appeal in A.S. No. 302 of 2000 and execution of the fresh agreement of sale dated 30.07.2008. The Executing Court, while dismissing E.A. No. 29 of 2010, however, directed the Decree Holder to deposit a sum of Rs. 2,10,00,000/ - to the credit of the Execution petition. Aggrieved by the order, both the Judgment debtor and the Decree Holder have preferred these civil revision petitions.