S.S. Sundar, J.

1. The defendant in the suit in O.S. no. 229 of 2008 on the file of the Principal District Court, Tirunelveli, is the appellant in this Second Appeal. The brief facts that are necessary to dispose of this Second Appeal are as follows :

1.1 The suit property originally belonged to the defendant and a suit came to be filed in O.S. No. 56 of 1982 by Indian Bank against the defendant for recovery of money. To execute the money decree, the Indian Bank filed execution petition in E.P. No. 18 of 1995 and brought the suit property for sale. The suit property was purchased by the plaintiff in the Court auction sale that was held on 12.11.1999 for a sum of Rs.25,100/-. The sale was confirmed on 12.01.2000 and a Sale Certificate was also obtained by the plaintiff. The plaintiff, after obtaining the Sale Certificate, filed E.A. No. 183 of 2000 for delivery of possession and the said application was dismissed for default.

1.2 In the meanwhile, it appears that there was another suit for partition by the defendant’s sisters at the instance of the defendant and the same was also dismissed. The plaintiff failed to take steps to restore the application for delivery of possessi