LAWS(MAD)-2012-4-98

GOWRI PANDIYANATHAN Vs. M CHOKKALINGAM

Decided On April 25, 2012
MRS.GOWRI PANDIYANATHAN Appellant
V/S
M.CHOKKALINGAM Respondents

JUDGEMENT

(1.) Inveighing and challenging the order dated 4.1.2012 passed by the learned Additional District Sessions Judge, Fast Track Court-2, Salem in R.E.P.No. 45 of 2010 in O.S.No. 122 of 2004, this civil revision petition is focussed. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this revision petition would run thus:

(2.) Heard both sides.

(3.) The learned counsel for the revision petitioner by placing reliance on the grounds of revision would develop his argument to the effect that the property was not attached and hence without attaching the property, Court sale cannot take place. The revision petitioner/06 is having 1/4th share in the property and that cannot be attached and sold for recovering the amount. The decree is not in commensurate with the judgment as in the decree it is stated that the property of the deceased Rajes should be proceeded against for recovering the amount.