PONNUSAMY Vs. SULOCHANA

JUDGEMENT

(1.) The civil revision petitioner herein is the applicant/third party in E.A.No.151 of 2007, in E.P.No.56 of 2004, in O.S.No.188 of 2003, on the file of the Sub- Court, Kallakurichi. The civil revision petitioner has filed an execution application in E.A.No.157 of 2007, praying to set aside the Court auction dated 18.04.2007, conducted in E.P.No.56 of 2004, in O.S.No.188 of 2003. The same was dismissed on 25.08.2008. Against this order, the revision has been filed.

(2.) The revision petitioner/third party applicant has inter-alia stated that the first respondent has filed a suit in O.S.No.188 of 2003 against the second respondent for recovery of money. The same was decreed on 28.11.2003. Pursuant to the decree, the first respondent has filed E.P.No.56 of 2004 for attachment of nine items of immovable properties of the second respondent. Out of these nine items of properties, the eighth item of property has been purchased by the first respondent in the Court auction after obtaining permission from the Court. But, so far, the said auction had not been confirmed by the Court.

(3.) The revision petitioner has further stated that he had filed a suit in O.S.No.681 of 2002 against the second respondent herein, on the file of the District Munsif Court, Kallakurichi. The same was decreed. Pursuant to the decree, the revision petitioner attached the immovable property of the second respondent, including the eighth item of property, which was subsequently purchased by the first respondent after a period of one year. The revision petitioner has submitted that there is a relevant entry in the encumbrance certificate also regard the said attachment as per decree passed in O.S.No.681 of 2002.