PARIMALA Vs. ANBARASAN

JUDGEMENT

(1.) This petition has been filed to set-aside the order dtd. 22/4/2022 passed by the I Additional Sub-Court, Trichy, in unnumbered E.A.No..... of 2022 in E.P.No.203 of 2017 in O.S.No.169 of 2014 and to direct the I Additional Sub Court, Trichy, to number the said E.A.

(2.) The petitioner is the 5th defendant in O.S.No.169 of 2014 filed by the sole respondent herein to recover the amount from the defendants which includes the petitioner herein. In the suit, the petitioner and the the other defendants remained ex-parte and thus, the suit was decreed ex-parte on 17/9/2016.

(3.) Under these circumstances, the respondent file E.P.No.203 of 2017 before the I Additional Sub Court, Trichy to execute the ex-parte decree dtd. 17/9/2016. In the said proceedings also, the petitioner and the other judgment debtors remained ex-parte and therefore, the Court has ordered for sale of the mortgage property by it order dtd. 20/3/2018. On 4/10/2021, the mortgaged property was sold to the respondent himself namely the decree holder. The case was thereafter, listed for reporting confirmation of sale on 3/12/2021, on which date, the petitioner presented a petition under Order XXI Rule 89 of CPC expressing his willingness to pay the entire sale amount. The petitioner however failed to deposit the amount under Order XXI Rule 89 of CPC as contemplated.