K M KANNU GOUNDER Vs. MAHBOOB ALI SAHIB

JUDGEMENT

(1.) This Civil Revision Petition is directed against the fair and decretal order dated 22.02.1996 made in E.P.No.34 of 1993 in O.S.No.164 of 1992 by the Court of Subordinate Judge, Dharmapuri, thereby dismissing the execution petition filed by the petitioner herein who is the decree-holder, without costs.

(2.) Tracing the history of the case, it comes to be known that the petitioner was the plaintiff in the suit in O.S.No.164 of 1992 on the file of the Court of Subordinate Judge, Dharmapuri, and the same was decreed exparte as prayed for on 16.6.1993, against which, on the part of the respondents, no steps have been initiated to set aside the decree, as a result of which, ultimately, the decree holder, the petitioner herein, has filed the above execution petition with averments that the respondents have house and landed properties worth Rs.1 lakh and that by means of business, they are having an income of Rs.60,000/= per annum and further that they are having a sum of Rs.50,000/= in cash and that they have the capacity to repay the said amount and in spite of it, since they did not come forward to settle the decree amount for causing the arrest of the respondents and keeping them in detention in the civil prison, the execution petition has been filed.

(3.) In the counter statement, the respondents would deny the averments of the petition the execution petition and would represent to the effect that they have taken steps to set aside the exparte decree passed against them and that they have no means to settle the decree amount and would ultimately pray for dismissing the execution petition with costs.