KALIAMMAL PAPATHY Vs. T G VARADHARAJAN

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 22.12.2003 made in E.A.No.330/03 in E.A.No.154/2002 in E.P.82/2001 in O.S.NO.473/1993 on the file of Sub Court,Karur. The Revision Petitioners are the defendants 2 to 4 in O.S.473/93 on the file of Sub Court,Karur.

(2.) The first respondent herein filed the suit for specific performance of the contract of sale pursuant to the agreement dated 11.12.1985 executed by the defendants 1 and 2 for themselves and on behalf of defendants 3 and 4. In the said suit, defendants 1 to 4 have not filed written statement, remained exparte and defendants 5 and 6 have contested the suit and ultimately, the suit was decreed on 10.10.2000. Pursuant to the same, the plaintiff filed E.P.No.82/2001 for execution of sale either by defendants or through Court and as the defendants have not come forward to execute the sale, the Court has executed the sale deed on 17.4.2003 and the plaintiff filed E.A.No.154/02 for taking delivery of the suit property through Court. That in the said application, defendants 2 to 4 have filed an application in E.A.330/03 under Section 47 and 151 C.P.C to declare the judgment and decree passed in O.S.473/93 is not valid and also questioning the execution of the sale deed in favour of the plaintiff and for other reliefs. The Revision petitioners have also filed an application for stay of the decree.

(3.) The Executing Court had taken up all the applications together and passed a common order on 22.12.2003 dismissing the application filed by the defendants 2 to 4/revision petitioners under Section 47 and 151 C.P.C and allowed the application in E.A.154/03 filed by the plaintiff. Pursuant to the same, the plaintiff/decree-holder had taken delivery of the suit property on 29.1.2004 and the plaintiff also filed the certified copies of the order passed by the Executing Court in E.A.NO.154/2003. The order passed by the Executing Court in E.A.No.330/03 is under challenge in this Civil Revision Petition.