K.SUSEELA Vs. PONNUSAMI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the judgment and decree dtd. 19/7/2016 made in A.S.No.30 of 2016 on the file II Additional District Court, Erode, confirming the fair and decretal order dtd. 28/8/2015 made in E.A.No.56 of 2015 in E.P.No.55 of 2013 in O.S.No.41 of 2012 on the file of the Sub Court, Perundurai.

(2.) The petitioners are defendants in O.S.No.41 of 2012 on the file of the Sub Court, Perundurai. The 1st respondent filed the said suit for recovery of money based on promissory note. The petitioners filed written statement on 26/8/2011. After contest, the suit was decreed by the judgment and decree dtd. 24/7/2013. The petitioners did not file any appeal. The 1st respondent filed E.P.No.55 of 2013 to execute the decree to attach and bring the property for attachment and sale of the property. The petitioners entered appearance in the E.P. but, did not file any counter. Subsequently, they were set exparte and property sought to be sold was attached. The 1st respondent filed sale papers and the same was sent to the petitioners. They entered appearance through the same counsel. The Court amin fixed the value of the property at Rs.7,00,000.00

(3.) The learned Judge considering the materials on record, dismissed the E.A.No.56 of 2015.