LAKSHMI Vs. K.V.BALAKRISHNAN

JUDGEMENT

(1.) The instant civil revision petitions have been filed challenging the order dated 23.08.2013 passed by the learned Subordinate Judge, Poonamallee in I.A.Nos.542, 543 and 546 of 2011 in O.S.No.153 of 1995.

(2.) The petitioner is the plaintiff in the suit O.S.No.153 of 1995 on the file of the learned Subordinate Judge at Poonamallee seeking for relief of specific performance of an agreement of sale dated 16.10.1992. An ex parte decree dated 20.01.2003 came to be passed in the said suit in favour of the petitioner. I.A.No.546 of 2011 was filed by the petitioner in O.S.No.153 of 1995 to condone the delay of 928 days in depositing the balance sale consideration as per the ex parte decree dated 20.01.2003. I.A.No.543 of 2011 was filed by the respondent/defendant to condone the delay of 1458 days in filing an application to set aside the exparte decree dated 20.01.2003 passed in O.S.No.153 of 1995. I.A.No.542 of 2011 was filed by the respondent to condone the delay of 1567 days in representing the application filed to condone the delay in filing an application to set aside the ex parte decree dated 20.01.2003. The respondent/defendant also filed a counter in I.A.No.546 of 2011 filed by the petitioner/plaintiff to condone the delay of 928 days in depositing the balance sale consideration as per the ex parte decree dated 20.01.2003. A common counter was filed by the petitioner/plaintiff in I.A.Nos.542 and 543 of 2011 filed by the respondent/defendant.

(3.) By a common order dated 23.08.2013, the learned Subordinate Judge, Poonamallee dismissed I.A.No.546 of 2011 and allowed I.A.Nos.542 and 543 of 2011. While allowing I.A.No.543 of 2011, the Trial Court directed the respondent/defendant to pay a sum of Rs.2,000/- as cost to the petitioner/plaintiff on or before 05.09.2013. The learned counsel for the respondent/defendant submits that since the petitioner/plaintiff refused to receive the cost of Rs.2,000/-, the said amount has been deposited by the respondent/defendant to the credit of the suit O.S.No.153 of 1995. Aggrieved by the common order dated 23.08.2013 passed in I.A.Nos.542, 543 and 546 of 2011 in O.S.No.153 of 1995, these civil revision petitions have been filed.