MARGADARSI CHITS PVT. LTD. Vs. S. MEENAKSHI

JUDGEMENT

(1.) This Civil Revision Petition has been filed, against the fair and decreetal order, dated 01.02.2014, made in EP.No.65 of 2010, by the Additional District Munsif, Madurai Town, in CD.No.172 of 2007, on the file of the Madurai Assistant Registrar of Chits, Madurai South.

(2.) The facts of the case, in a nutshell, are that the Petitioner is the decree holder and the Respondents are the judgement debtors. The suit was filed for recovery of money with interest and it was decreed on 11.03.2008. Since the Respondents failed to pay the decreetal amount, the above execution petition for attachment and sale of the Petition mentioned properties was filed against the Respondents 1 and 4 to 6, before the Additional District Munsif, Madurai Town and since it was dismissed, by the impugned order, this Civil Revision Petition has been filed by the decree holder.

(3.) The learned counsel for the Petitioner has submitted that by misconstruing the provisions of Section 60 of CPC, the court below erred in concluding that the schedule mentioned properties are exempted from attachment and that attachment and sale of the properties mentioned in the schedule ought to have been allowed, as they are not exempted from attachment and sale, under Section 60 of CPC and hence, the impugned order is liable to be set aside.