M. Duraiswamy, J. - (1.)C .R.P.(PD). No. 3681 of 2013 has been filed by the 1st defendant in O.S. No. 204 of 2013 on the file of the Subordinate Court, Ranipet to strike off the plaint in O.S. No. 204 of 2013.
(2.)C .R.P.(PD). No. 3682 of 2013 has been filed by the 1st defendant in O.S. No. 204 of 2013 challenging the order passed in I.A. No. 386 of 2013 in O.S. No. 204 of 2013 on the file of the Subordinate Court, Ranipet.
The plaintiff filed the suit in O.S. No. 204 of 2013 for partition and for permanent injunction. The application in I.A. No. 386 of 2013 was filed by the plaintiff to stay all further proceedings in E.P. No. 50 of 2009 in O.S. No. 144 of 2004 on the file of the District Munsif Court, Sholinghur till the disposal of the suit in O.S. No. 204 of 2013.

(3.)THE brief facts necessary for the disposal of the above Civil Revision Petitions are as follows:
"(i) One Saradammal wife of Dharma Reddy and her son Lakshmipathi executed a registered Simple Mortgage Deed dated 15.03.1974 in respect of the suit properties in favour of one Lakshmi Ammal wife of Chockalingam. The said Saradammal died leaving behind the respondents herein as her legal heirs. Since the said Saradammal and Lakshmipathi failed to re -pay the mortgage debt, the said Lakshmi Ammal filed a suit in O.S. No. 241 of 1987 on the file of the District Munsif Court, Sholinghur for realisation of Rs. 6,500/ - with interest. On 12.10.1988, the suit was decreed. Pursuant to the decree passed in O.S. No. 241 of 1987, Lakshmi Ammal filed an Execution Petition in E.P. No. 31 of 1991 and brought the suit properties for sale.

(ii) In the sale held on 27.11.1991 by Court auction, the petitioner/1st defendant was the highest bidder, hence, he was declared as the successful bidder in respect of the suit properties. Thereafter, the 3rd respondent/3rd defendant's mother Bai Ammal filed an application in I.A. No. 934 of 1991 in O.S. No. 241 of 1987 to set aside the ex -parte decree. The said application was allowed by the trial Court and aggrieved over the same, Lakshmi Ammal preferred a Civil Revision Petition in C.R.P. No. 3620 of 1991 before this Court and this Court allowed the Civil Revision Petition and set aside the order passed by the District Munsif Court, Sholinghur. Hence, the decree passed in O.S. No. 241 of 1987 became final.

(iii) Subsequently, the 3rd respondent/3rd defendant's mother Bai Ammal also filed an application in E.A. No. 41 of 1992 in E.P. No. 31 of 1991 in O.S. No. 241 of 1987 to set aside the Court auction held on 27.11.1991 on the ground of material irregularities in conducting the sale. However, the said application was dismissed as not pressed on 21.01.1993. Thereafter, the 3rd respondent/3rd defendant filed an application in E.A. No. 340 of 1993 in E.P. No. 31 of 1991 to recognize him as the sole legal representative of his deceased mother Bai Ammal and also filed a petition in E.A. No. 341 of 1993 praying not to confirm the sale held on 27.11.1991. He also filed another petition in E.A. No. 342 of 1993 to restore the application in E.A. No. 41 of 1992. The Execution Court dismissed all the applications on 09.04.1996 and the sale was confirmed on the same day.

(iv) It is the case of the petitioner/1st defendant that since his counsel had died after the confirmation of the sale, he could not file the Execution Petition for taking delivery within one year from the date of confirmation of the sale. Therefore, the 1st defendant filed a suit in O.S. No. 144 of 2004 on the file of the District Munsif Court, Sholingur for recovery of possession as against the respondents. In the said suit, the plaintiff in O.S. No. 204 of 2013 was a party.

(v) The plaintiff contested the suit and after trial, the trial Court decreed the suit on 30.12.2005. Aggrieved over the judgment and decree of the trial Court, the 1st respondent/plaintiff filed an appeal in A.S. No. 62 of 2006 on the file of the Subordinate Court, Ranipet and the Lower Appellate Court also confirmed the judgment and decree of the trial Court and dismissed the appeal on 18.09.2007. Aggrieved over the same, the respondents also filed Second Appeal in S.A. No. 569 of 2008 before this Court and this Court also confirmed the judgments and decrees of the Courts below and dismissed the Second Appeal on 24.04.2009. Aggrieved over the same, the respondents also filed a Special Leave Petition before the Hon'ble Supreme Court and the same was also dismissed.

(vi) Thereafter, the revision petitioner/1st defendant filed an Execution Petition in E.P. No. 50 of 2009 in O.S. No. 144 of 2004 on the file of the District Munsif Court, Sholinghur. On 22.06.2010, the 1st respondent/plaintiff filed an application in E.A. No. 109 of 2010 in E.P. No. 50 of 2009 in O.S. No. 144 of 2004 under Section 47 of the Civil Procedure Code. The revision petitioner/1st defendant filed his counter and is contesting the application. Thereafter, in the year 2013, the 1st respondent filed the present suit in O.S. No. 204 of 2013 on the file of the Subordinate Court, Ranipet for partition. In the said suit, the 1st respondent/plaintiff obtained an order of interim stay of all further proceedings in E.P. No. 50 of 2009 in O.S. No. 144 of 2004 in I.A. No. 386 of 2013."