R.DHATCHANAMOORTHI Vs. T.KANNAN

JUDGEMENT

(1.) Challenging the Order allowing the application filed under Sec. 151 of Code of Civil Procedure by setting aide the sale deed registered pursuant to the exparte decree passed in O.S.No.21 of 2012 in the execution proceedings with a further direction to the Sub Registrar to make the entry in the Book - I, the present Civil Revision Petition has been filed.

(2.) Brief facts leading filing of this Civil Revision Petition is as follows :

(3.) The main contention of the learned Senior Counsel appearing for the petitioner is that the restitution is not permissible under Sec. 144 of Code of Civil Procedure. The learned Senior Counsel vehemently contended that the restitution is permissible only when the decree or Order has been reversed or modified in the appeal or in other proceedings. Therefore, it is his contention that once the sale deed has already been executed in the exparte decree, in the event, the revision petition succeeds in the main suit, there need not be any separate sale deed. Therefore, assailing the Order passed by the trial Curt learned Senior Counsel submitted that the Order passed by the trial court has to be interfered.