(Prayer: Civil Revision Petition (NPD) No.1128 of 2006 filed under Section 115 of C.P.C., to set aside the fair and decreetal order of the Learned District Munsif, Madurantagam dated 19.11.2004 made in E.A.No.180 of 2004 in E.P.No.126 of 1996 in O.S.No.42 of 1987.

Civil Revision Petition (NPD) No.4003 of 2007 filed under Section 115 of C.P.C., to set aside the order passed in E.A.No.147 of 2006 in E.P.No.126 of 1996 in O.S.No.42 of 1987 on the file of the Learned District Munsif, Madurantagam dated 06.08.2007.)

1. The case has got chequered history. Civil Revision Petition (NPD) No.1128 of 2006 has been filed against the order of Executing Court dismissing the Execution Petition filed under Section 151 of C.P.C. to direct the Respondent to deposit Rs.2,50,000/- into Court within time granted by court and for other reliefs. Civil Revision Petition (NPD) No.4003 of 2007 has been filed against the order of Executing Court dismissing the Execution Petition filed under Order 21 Rule 95 of C.P.C. for delivery of Possession of the immovable properties from the Judgment Debtor through the process of law. Since the issues and the parties in both the Revision Petitions are same, this common order is rendered.

2. The facts which are necessary to decide the Civil Revision Petitions are as follows:

2.(a) On 07.04.1987 one Mr.Subbiya Reddiar filed suit in O.S.No.42 of 1987 before the Sub-Court Chengalpet against Radhabhai Ammal, the Respondent in C.R.P.(NPD) No.4003 of 2007, for recovery of Rs.23,892.50 with interest at 12% on Rs.15,500/- with a charge over the suit property. During the pendency of the suit, the said Mr.Subbiya Reddiar died. The Revision Petitioner Mr.V.Krishna moorthy was impleaded as a legal representative of the said Mr.Subbiya Reddiar on the basis of the Will executed by Mr.Subbiya Reddiar. Thereafter, the suit was decreed ex-parte against Mrs.Radhabai Ammal with a charge decree over the suit property on 14.03.1990. Mrs.Radhabai Ammal filed an Application to set aside the ex-parte decree on 09.09.1992. However, above Application was dismissed. No Appeal or Revision was filed and the Decree dated 14.03.1990 has become final. Before that one Balasubramanian who is the Respondent in C.R.P.(NPD) No.1128 of 2006 has purchased the property during the pendency of the suit from Mrs.Radhabai Ammal on 13.07.1987 and 17.07.1987. His purchase is during the pendency of suit for the charge decree in respect of the suit property.

2.(b) Even after the property was sold during the pendency of the suit Mrs.Radhabai Ammal filed an application to set aside the Ex-parte Decree on 09.09.1992 which was dismissed by the Court and reached finality. Thereafter, Execution Application filed by the Decree Holder viz., the Revision Petitioner for sale of property to realise the decree amount in E.P.No.55 of 1990. The above Execution Petition was transmitted to Madhurantagam Munsif Court and re-numbered as E.P.No.126 of 1996. Since there was no bidder, the decree holder become a successful bidder in auction conducted by the Court with the permission of the Court on 17.3.1997. In the meanwhile the Pendente lite Purchaser viz., Mr.Balasubramaniam filed a suit in O.S.No.61 of 1999 seeking declaration of Title and Permanent Injunction. The above suit was decreed by the trial Court on 06.08.2007.

2(c) Thereafter, in appeal in A.S.No.56 of 2007 above decree and judgment was set aside on 29.12.2008 by the Appellate Court and reached finality. No Second Appeal whatsoever filed from the year 2008. Prior to that the Revision Petitioner has filed E.A.No.430 of 1998 in E.P.No.126 of 1996 to appoint Advocate Commissioner to cut the casurina trees and auction the same and deposit the sale proceeds in court, which was allowed by the Executing Court on 19.01.1999. As against which Pendente Lite Purchaser Mr.Balasubramaniam filed C.R.P.No.2099 of 2000 before this Court. Similarly, Revision Petitioner also filed C.R.P.No.439 of 2000 as against the interim