S. MANIVIZHI Vs. KARTHIK HOMES

JUDGEMENT

(1.) The defendant in O.S. No. 3192/2006 is the revision petitioner before this Court. The respondent herein is the plaintiff in the suit. The parties herein are referred to as per their rankings in the suit, for the sake of convenience.

(2.) In a suit for recovery of money filed by the plaintiff against the defendant for a sum of Rs. 3,76,990/- with interest, the suit was decreed was on 17.02.2009 by the XIIth Assistant City Civil Judge, Chennai. As against the judgment and decree dated 17.02.2009 made in O.S. No. 3192/2006 the defendant preferred a First Appeal ion A.S. No. 206/2009, before the 7th Additional City Civil Judge, Chennai. After contest, the appeal was allowed and the judgment and decree passed by the trial court in O.S. No. 3192/2006 dated 17.02.2009 was set aside. The First Appellate Court further directed the plaintiff/respondent in the first appeal to pay a sum of Rs. 72,270/- towards the cost of appeal to the defendant/appellant in the appeal. For the cost of Rs. 72,270/- as awarded by the Appellate Court, the defendant as the Decree-holder, filed an Execution Petition in E.P. No. 2866/2010 against the plaintiff. This execution petition was opposed by the plaintiff/judgment debtor by filing a counter. But the trial court dismissed that application. Aggrieved over the same, the above revision has been filed by the decree holder/the appellant in the first appeal.

(3.) I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. I have also gone through the documents available on record.