R. BALAMURUGAN Vs. PONNUSAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed against the decree and judgement made in C.M.A.No.44 of 2007, dated 09.01.2009, on the file of the Additional District Court-cum-Fast Track Court No.II, Salem reversing the order passed in I.P.No.5 of 2004, dated 24.07.2006 on the file of the Sub-ordinate Court, Sankari.

(2.) For the sake of convenience, the Petitioner / Creditor in I.P.No.5 of 2004 is referred as first respondent. The respondents 2 to 4/debtors in the Petition are referred as respondents 2 to 4. The fourth respondent/purchaser of the property in the petition is referred as revision petitioner hereafter.

(3.) On a perusal of the records reveal that respondents 2 to 4/debtors along with other co-owners executed a sale deed in favour of the revision Petitioner/purchaser through a sale deed, dated 23.02.2004. On 18.05.2004, the first respondent herein had filed a petition in I.P.No.5 of 2004 against the respondents 2 to 4/debtors and also the revision Petitioner/purchaser. In the above said Insolvency Petition, all the three debtors did not appear and they remained ex-parte and only the revision Petitioner as a purchaser of the property contested the case.