MUTHU RAMASUBRAMANIAM Vs. RAMU REDDY

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the order and decree made in E.A. No. 27 of 2015 in E.P. No.106 of 2008 in O.S. No.643 of 2004, dated 21.08.2017, on the file of the District Munsif Court, Vadipatti.

(2.) The R-1 herein has filed a suit in O.S. No.643 of 2004 on the file of the District Munsif Court, Vadipatti for recovery of possession and got an exparte decree in his favour. Followed by the said exparte order, R-1 has filed a petition in E.P. No. 106 of 2008 in O.S. No. 643 of 2004 for delivery of possession. Thereafter, the revision petitioners herein have filed an application E.A. No. 27 of 2015 in E.P. No.106 of 2008 in O.S. No.643 of 2004 seeking permission of the Court to inform the petitioners about the payment of auction amount and the same was dismissed on 21.08.2017 by the learned District Munsif, Vadiaptti. Aggrieved over the same, the revision petitioner is before this Court.

(3.) The learned counsel appearing for the revision petitioners submitted that the revision petitioners are the legal heirs of Judgment debtor Ramaiah and the subject matter of the property in E.P. No. 106 of 2008 was originally belonged to the grandfather of the petitioners. He further submitted that, after the demise of the petitioners' grandfather, their father Ramaiah became the coparcener and having each undivided 1/3 share and thereafter, the petitioners and their father are jointly enjoyed the said property. He further submitted that the Court below failed to see that the application filed by the legalheirs of the decree holder in Execution Court to intimate the amount to be deposited by them so that they could file a petition to set aside the sale. He further submitted that the dismissal of the application in E.A. No. 27 of 2015 by the Court below is not proper and the same is warranting interference by this Court.