PANNEERSELVAM Vs. SUKUMARAN

JUDGEMENT

(1.) THE facts are as follows:

(2.) THE unsuccessful plaintiff before both the Courts below filed the above Second Appeal and this Court on 22-04-2008 allowed the same on merits by setting aside the orders of both the Courts below and consequently granted a decree for specific performance relating to all the items of suit schedule property excepting item No.2.

(3.) IN the affidavit filed in support of these petitions, the first respondent in the appeal stated that the plaintiff's suit for specific performance was dismissed by the trial Court as well as the lower appellate Court. Challenging those concurrent judgments, the plaintiff filed S.A.No.410 of 2001 which was orginally filed before the Principal Bench of this Court. On the formation of the Madurai Bench, i.e., this Court, the above appeal was transferred to Madurai Bench and no notice was sent to him with regard to the transfer and his counsel also did not inform him about these aspects. He came to know about the order passed in the above appeal on 20-09-2008 only, when the appellant was openly declaring in the village that he succeeded in the appeal. Thereafter he verified and found that the appeal itself was disposed on 22-04-2008 allowing the same in his absence. Therefore, he filed the above petitions.