P N PERUVAZHUTHI Vs. R SARAVANAN

JUDGEMENT

(1.) Heard both the learned counsel appearing for the petitioner as well as the respondent.

(2.) This civil revision petition has been filed by the petitioner/decree-holder under Section 115 C.P.C, challenging the order, dated 24.6.2010 made in E.P. No. 97 of 2009 in O.S. No. 163 of 2004 on the file of the District Munsif Court, Polur, Tiruvannamalai District and to restore the same.

(3.) It is an admitted fact that the petitioner herein is the decree-holder. The suit in O.S. No. 163 of 2004 was filed by the petitioner against the respondent, seeking a money decree and the same was decreed, which reached finality. Pursuant to the decree, the petitioner herein filed E.P. No. 116 of 2006 before the Court below to bring the property belongs to the respondent/judgment-debtor for sale to realise the decree amount. While the Execution Petition in E.P. No. 116 of 2006 is pending the petitioner herein filed another Execution Petition in E.P. No. 97 of 2009 under Order 21 Rules 21, 22 and 37 of CPC, seeking arrest of the respondent/judgment-debtor. simultaneously to realise the decree amount payable to the petitioner herein. By the impugned order, the Court below dismissed the subsequent Execution Petition filed in E.P No. 97 of 2009, seeking an order of arrest the judgment-debtor. Aggreived by which this revision has been preferred by the Petitioner/decree-holder.