SUBRAMANIAN Vs. ASSODAI

JUDGEMENT

(1.) This Review Application has been filed by the respondent under Order 47 Rule 1 r/w Section 114 of C.P.C., to review the judgment and decree passed by this Court in S.A.No.1217 of 2000 dated 30.01.2018.

(2.) The petitioner herein has filed a suit in O.S.No.929 of 1995 on the file of the III Additional District Munsif, Pondicherry for specific performance of the sale agreement, dated 27.05.1982 and for permanent injunction, restraining the respondent herein from alienating the suit property. The III Additional District Munsif, Pondicherry, by his judgment dated 24.11996 has dismissed the said suit. Aggrieved by the same, the petitioner herein has filed an appeal in A.S.No.70 of 1997 on the file of the Principal District Judge, Pondicherry. The learned Principal District Judge, Pondicherry has allowed the said appeal on 08.11998 and remanded the matter to the trial Court for fresh disposal. Further, as per the requests made by both side counsel, the learned Principal District Judge, Pondicherry, had sent the said suit to the I Additional District Munsif, Pondicherry, for disposal. Accordingly, the I Additional District Munsif, Pondicherry, has disposed of the said suit by the judgment dated 30.06.1999 and decreed the suit as prayed for. As against the said judgment and decree, the respondent herein has filed an appeal in A.S.No.151 of 1999 on the file of the II Additional District Judge, Pondicherry. The said appeal was dismissed on 24.01.2000, confirming the judgment and decree passed by the learned I Additional District Munsif, Pondicherry. Feeling aggrieved, the respondent herein has preferred the Second Appeal in S.A.No.1217 of 2000.

(3.) This Court, after hearing both sides and perusing the judgment of the Courts below and records, by the judgment and decree dated 30.01.2018, has allowed the Second Appeal and set-aside the judgment and decree passed by the Courts below and dismissed the suit by holding that the suit is barred by limitation and the petitioner herein has failed to prove the execution of the sale agreement by the respondent herein. Aggrieved by the same, the petitioner herein has filed the present Review Application.