LAWS(MAD)-2010-11-101

JAMEELA BIBI Vs. S VIJAYALAKSHMI

Decided On November 25, 2010
JAMEELA BIBI Appellant
V/S
S.VIJAYALAKSHMI Respondents

JUDGEMENT

(1.) THIS Revision has been filed against the order passed by the Principal District Court, Coimbatore, in E.A.No.28 of 2010 in E.P.No.64 of 2008 in O.S.No.330 of 2005.

(2.) HEARD Mr.N.Manoharan, the learned counsel appearing for the petitioner, and Mr.K.Kalyana Sundaram, the learned counsel appearing for the respondent.

(3.) I have heard the arguments advanced by the learned counsel on either side. Undisputedly, the property was brought to sale in the subsequent auction and the same was sold to a third party as Auction Purchaser and the said sale has been questioned by the petitioner before the Execution Court in E.A.No.230 of 2010 and the same is posted on 10.12.2010 for adjudication. Under such circumstances, the contentions raised by the petitioner in this revision cannot be considered or adjudicated by this Court which would be detrimental to the disposal the said application and therefore, the contentions now raised should be considered by the Execution Court in E.A.No.230 of 2010 filed by the petitioner. Accordingly, the petitioner is at liberty to raise these contentions at the time of hearing of the said application, which shall be disposed of by the lower Court after giving sufficient opportunity to the first respondent on merits. It is made clear that the present disposal of the revision will not stand in the way of the petitioner in raising such contentions in E.A.No.230 of 2010