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2021 Supreme(Mad) 3518

J.SATHYA NARAYANA PRASAD
B. Rajendran – Appellant
Versus
D. Bakthavachalu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Umapathy
For the Respondent: Mr.K.G.Senthilkumar

ORDER :

These Civil Revision Petitions have been filed by the petitioner/plaintiff challenging the order passed by the learned Subordinate Judge, Cheyyar in I.A.Nos.665 of 2015 & 437 of 2016 in O.S.No.115 of 2012 dated 30.06.2016 respectively, in and by which, the learned Subordinate Judge has allowed the two Interlocutory Applications filed by the respondent/defendant, viz.,

    (i) I.A.No.665 of 2015 filed under Section 5 of the Limitation Act, for condoning the delay of 356 days for filing a petition under Order IX Rule 13 of C.P.C.

(ii) I.A.No.437 of 2016 filed under Order IX Rule 13 of C.P.C, for setting aside the ex-parte decree dated 27.02.2014.

2. The brief facts of the case are as follows:

The petitioner/plaintiff has filed an Original Suit in O.S.No.115 of 2012 before the Subordinate Court, Cheyyar for the following reliefs:

    (a) Directing the respondent/defendant to receive the balance of sale consideration of Rs.2,03,000/- or more or less as per the actual measurement and after discharging this debt due to the Bank.

(b) Directing the respondent/defendant to deliver the suit properties to the petitioner/plaintiff and if he does not act as per the sale agreement.

(c) Restraining the

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