PUSHPA Vs. JOSEKUTTY

JUDGEMENT

(1.) Is a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (the 'CPC for short) maintainable against an order determining a question of restitution under Section 144 CPC Can the Civil Revision Petition so filed be permitted to be converted into an Execution First Appeal when it is found not maintainable

(2.) The suit for realisation of money due under a demand promissory note in O.S. No. 167 of 1992 on the file of the court of the Subordinate Judge of Kozhikode was decreed by judgment dated 30-09-1993. The decree holder attached the property of the judgment debtor (8 cents of land with a building thereon) in execution and brought it up for sale wherein he himself bid it in auction. The decree holder obtained delivery of the property in E.A. No. 1543 of 2001 in E.P. No. 61 of 1996 in O.S. No. 167 of 1992 and the same was recorded by the execution court on 20-12-2001.

(3.) The judgment debtor challenged the decree of the trial court in A.S. No. 514 of 1995 which was allowed by judgment dated 23-01-2002 setting aside the decree of the trial court and dismissing the suit. The judgment debtor thereupon applied for re-delivery of the property in E.A. No. 180 of 2002 in E.P. No. 61 of 1996 which was allowed and the factum of re-delivery recorded on 11-04-2002. The verdict in the appeal was however reversed in further appeal in A.F.A. No. 31 of 2002 by the Division Bench of this Court by judgment dated 15.1.2007 restoring the decree of the trial court.