JANAKI Vs. S.VIJAYAN

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the fair and decreetal order, dtd. 7/9/2019 passed in E.A.No.136 of 2018 in E.P.No.8 of 2013 in O.S.No.20 of 2011 on the file of the learned I Additional Subordinate Judge, Nagercoil.

(2.) The 1st respondent herein/ Auction purchaser has filed a execution application in E.A.No.136 of 2018 in E.P.No.8 of 2013 in O.S. No.20 of 2011 under Order 21, Rule 35, 95, 96 to delivery the suit schedule properties and the same was allowed by the learned I Additional Subordinate Judge, Nagercoil, on 7/9/2019. Against the said order, dtd. 7/9/2019, the revision petitioner/Judgment debtor is before this Court.

(3.) This Civil Revision Petition has been filed on the ground that the Court below ought to have rejected the execution application on the ground of limitation and E.A.No.136 of 2018 seeking for delivery was not filed within one year from the date of confirmation of sale. The suit scheudle property is the only shelter for the petitioner and her family. The Court below erred in law in not adverting that the petitioner has expressed her willingness to settle the entire money due towards the decree passed in O.S.no.20 of 2011 as well as the other miscellaneous expenses incurred by the 1st respondent in purchasing the property.