SP LAKSHMANAN Vs. SHERVEROYS ESTATES LIMITED

JUDGEMENT

(1.) These revision petitions have been filed against the order of dismissal passed in I.A.No.1395/2007, 1396/2007, 1398/2007 and I.A.No.282/2008, 283/2008, 294/ 2008 and I.A.No.974 of 2010 in A.S.No.171 of 2001 by the I Additional District Judge, Salem.

(2.) The revision petitioner is the third party in A.S.No.171 of 2001 and he filed the following petitions before the first appellate court.

(3.) The contention of the revision petitioner is that he purchased the Sherveroys Estates Limited, Vanguard Estates, Kottachedu, Yercaud through a registered sale deed dated 11.11.2002 and in pursuance of the sale, he took possession and he is in occupation and enjoyment of the properties. On 9.08.2007 and 14.08.2007, when a memo was served to him by Tahsildar, Yercaud, he came to know about the decree and judgment passed in a suit in O.S.No.633 of 1997, against which an appeal in A.S.No.171 of 2001 had been filed by his predecessor in title. According to him, his vendor, did not disclose about the pendency of the suit in O.S.No.633 of 1997 on the file of the District Court Salem as well as the appeal in A.S.No.171 of 2001 on the file of the I Additional District, Judge, Salem. Since the Tahsildar, Yercaud took steps to lay out a road in his properties, he filed applications in I.A.No.1395/2007, 1396/2007 and 1398/2007 to condone the delay of 1407 days in filing a petition to restore the appeal; to permit him to prosecute the first appeal by substituting himself as an appellant; and to grant interim injunction pending disposal of the first appeal.