V RAMALINGAM Vs. B BAGHIYAM

JUDGEMENT

(1.) Crp (NPD) No.2018/2014 is filed against the fair and decretal order dated 11.12.2013 made in E.A.No.158 of 2011 in E.A.No.359 of 2005 in E.P.No.166 of 1996 in O.S.No.1232 of 1987 on the file of the learned First Additional District Munsif Court, Coimbatore.

(2.) The parties and issues involved in both the Civil Revision Petitions are one and the same and therefore, these revision petitions are disposed of by common order.

(3.) The petitioner is the second respondent in REA No.158 of 2011 filed by the first respondent for condoning the delay of 796 days in filing the application in E.A.No.359 of 2005 to set aside the exparte order dated 28.11.1996 made in E.P.No.166 of 1996. The petitioner is the auction purchaser. The first respondent is one of the judgment debtors and second respondent is the decree holder. The second respondent filed E.P.No.166 of 1996 to sell the property of the first respondent to realise the decreetal amounts. On 12.10.1995, notice was served on the first respondent. The first respondent entered appearance through Advocate on 23.11.1995 and was taking time to file counter. After number of adjournments, E.P was posted on 28.11.1996 finally for filing counter by the first respondent. The first respondent did not file counter and she was set exparte. E.P was proceeded with and in court auction held on 11.04.1997, the petitioner purchased the property for Rs.1,00,100/-.