Common Judgment: (P. Sathasivam, J.)

O.S.A.No.44 of 2005 has been filed against the order of the learned single Judge dated 10.03.2005 made in Application No.4607 of 2004, in and by which the learned Judge condoned the delay of 1251 days in filing the application to set aside the ex parte decree dated 21.03.2001 made in C.S.No.703 of 1996, subject to payment of costs of Rs.10,000/- to the State Legal Services Authority, Chennai, within 15 days from that date.

2. O.S.A.No.64 of 2005 is filed against the order dated 01.04.2005, granting restricted stay in Application No.1671 of 2005 in E.P.No.23 of 2005. Since, OSA.No.64 of 2005 is against the consequential order passed by the learned single Judge, it depends on the outcome of OSA.No.44 of 2005.

3. The brief facts which are required for the disposal of the above appeals are stated hereunder:

(a) The respondent herein entered into an agreement of sale in respect of his property at No.12-B, 4th West Cross, Shenoy Nagar, Chennai 600 030 with one S.K.M. Ibrahim, husband of the second appellant herein for a sum of Rs.18,50,000/- and received a sum of Rs.6,80,000/- during the period 1995-96. But subsequently, the respondent refused