N. KESAVA REDDIAR Vs. M. ANANDAKRISHNA REDDIAR

JUDGEMENT

(1.) The Civil Revision Petition is directed to restore the order of dismissal of E.P.No.105 of 2004 in O.S.No.623 of 1985 dated 10.10.2011 thereby, which was struck off later by the execution Court.

(2.) The petitioner is the defendant in the suit filed by the respondent for specific performance in O.S.No.623 of 1985. The suit was decreed and the respondent filed execution petition in I.A.No.105 of 2004 for executing the decree. Accordingly sale deed was executed in his favour and delivery has been ordered. When the Court Amin went to effect the delivery of possession, he reported that the property stands in the name of one Narayana Reddy, who is the father of the petitioner herein. Further it is stated that the description of the property is not tallied with the Court papers. Thereafter, the execution petition was posted for amendment of decree. Aggrieved by the same, the petitioner herein has filed the Civil Revision Petition in C.R.P.No.2876 of 2009 before this Court. In the meanwhile the petitioner filed copy application in Diary Nos.346 and 347 of 2014 seeking certified copy of diary extract, which were returned by order dated 10.01.2014. Aggrieved by the same, the petitioner has preferred Civil Revision Petitions in C.R.P.Nos.1423 and 1424 of 2014 and thus by order dated 17.04.2014, directed the Principal Sub Court, Puducherry to comply with the copy application and issue certified copy within a period of 15 days.

(3.) On receipt of the diary extract, the petitioner found that on 10.10.2011, the Court Amin made an endorsement in E.PNo.105 of 2004 as that the property stands in the name of Judgment debtor's father's name. Hence, the execution petition is dismissed at that stage. Thereafter, it was corrected as "for steps call on 03.11.2011. Notice to the respondent by 10.11.2011".