NARAYANAN Vs. JAYALAKSHMI AND OTHERS

JUDGEMENT

(1.) Tr.C.M.P.No.42 of 2017 is filed to withdraw O.S.No.30 of 2014 pending on the file of the Principal District Court, Villupuram and transfer the same to the file of the Additional District Court, Tindivanam and try along with O.S.No.171 of 2013 and E.P.No.278 of 2011 in O.S.No.102 of 1994 pending on the file of the Principal Subordinate Court, Tindivanam. Tr.C.M.P.No.43 of 2017 is filed to withdraw O.S.No.171 of 2013 pending on the file of the Principal Subordinate Court, Tindivanam and transfer the same to the file of the Additional District Court, Tindivanam and try along with O.S.No.30 of 2014 pending on the file of the Principal District Court, Villupuram and E.P.No.278 of 2011 in O.S.No.102 of 1994 pending on the file of the Principal Subordinate Court, Tindivanam. Tr.C.M.P.No.44 of 2017 is filed to withdraw E.P.No.278 of 2011 in O.S.No.102 of 1994 pending on the file of the Principal Subordinate Court, Tindivanam and transfer the same to the file of the Additional District Court, Tindivanam and try along with O.S.No.30 of 2014 pending on the file of the Principal District Court, Villupuram and O.S.No.171 of 2013 pending on the file of the Principal Subordinate Court, Tindivanam.

(2.) According to the petitioner, he has filed O.S.No.102 of 1994 on the file of the Subordinate Court, Tindivanam against one Mahalingam and the respondents in Tr.C.M.P.No.44 of 2017 for specific performance of agreement of sale. Pending suit, the said Mahalingam died and his legal heirs were impleaded as defendants. After contest, the suit was decreed on 30.03.2007 without cost. Challenging the said judgment and decree dated 30.03.2007, the respondents in Tr.C.M.P.No.44 of 2017 filed A.S.No.28 of 2007 on the file of the Principal District Court, Villupuram. Challenging the portion of the decree dated 30.03.2007 granting cost to the petitioner, the petitioner filed A.S.No.27 of 2007 on the file of the Principal District Court, Villupuram. The Appellate Court allowed A.S.No.27 of 2007 filed by the petitioner and dismissed A.S.No.28 of 2007 filed by the respondents. The judgment debtors filed S.A. Nos.624 and 625 of 2009 before this Court and both the Second Appeals were dismissed by this Court on 28.09.2011. Challenging the same, S.L.Ps. filed by the respondents in S.L.P. Nos.8109 and 8110 of 2012 were also dismissed and judgment and decree made in O.S.No.102 of 1994 has become final.

(3.) The petitioner filed E.P.No.24 of 2009 for execution of the sale deed and the sale deed was executed in his favour. The petitioner filed E.P.No.278 of 2011 on the file of the Principal Subordinate Court, Tindivanam, for delivery of property. In the said E.P.No.278 of 2011, the legal heirs of the deceased Mahalingam filed E.A.No.268 of 2012 and other legal heirs filed E.A.No.50 of 2016 under section 47 CPC to declare the judgment made in O.S.No.102 of 1994 as null and void. The petitioner has contested both the E.As. and while the E.As are pending, the respondents viz., Adhilingam and Boomilingam filed O.S.No.171 of 2013 on the file of the Principal Subordinate Court, Tindivanam, to declare the judgment and decree made in O.S.No.102 of 1994 as null and void and for partition claiming 4/9th share in the suit properties. The petitioner was arrayed as first defendant in the said suit and he filed written statement. The respondents 1 to 8 in Tr.C.M.P.No.42 of 2017 filed O.S.No.30 of 2014 on the file of the Principal District Court, Villupuram, for partition claiming 4/9th share in the suit properties.