VENKATACHALAM Vs. SENGODA GOUNDER

JUDGEMENT

(1.) BOTH Appeal Suit as well as Civil Revision Petition are posted before this Court.

(2.) THE Appellants in A.S.No.744 of 2002 entered into an agreement with the Respondents for selling the Suit property for a sum of Rs. 16,84,900/ - and the Respondent paid advance amount of Rs. 6,21,225/ - to the Appellants. However, the Appellants did not come forward to execute the Sale Deed. The Respondents filed a Suit for recovery of money and the said Suit was decreed on 12.7.2002. Challenging the said Decree, the Appeal has been filed.

(3.) SINCE the Appellants have failed to deposit the amount as per Conditional Order passed by this Court, no Stay Order has been granted by this Court. Consequently, Execution Petition was filed by the Respondents. The Executing Court dismissed the Execution Petition on the ground that the Appeal Suit is pending irrespective of the fact that there is no stay. Therefore, the Civil Revision Petition is filed against the dismissal of the Execution Petition. Both the Appeal Suit and the Civil Revision Petition are clubbed together and posted before this Court.