N RAMASAMY Vs. K P VWENKATACHALAPATHI

JUDGEMENT

(1.) Inveighing the order dated 25.11.2009 passed in E.A.No.112 of 2009 in E.P.No.40 of 2007 in O.S.No.162 of 2004 by the Principal Subordinate Judge, Gobichettipalayam, this civil revision petition is focussed.

(2.) The warp and woof of the relevant facts, which are absolutely necessary and germane for the disposal of this civil revision petition, would run thus:- The first respondent/plaintiff herein filed the suit O.S.No.162 of 2004 and obtained a decree for specific performance as against the second respondent/defendant. During the pendency of the said suit itself, the plaintiff obtained injunction as against the defendant, so as to restrain her from alienating the subject matter of the suit property. It so happened that the defendant, in violation of the said order of injunction, sold the property in favour of the revision petitioner herein, who is none but the father-in-law of the defendant. Ultimately, the Court decreed the suit. The plaintiff filed the E.P.No.40 of 2007 as against the defendant/judgement debtor as well as the revision petitioner herein, seeking the following relief:

(3.) Heard both sides.