P NATARAJAN Vs. M KULANTHAIRAJU

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the fair and decretal order of the III Additional Subordinate Judge, Madurai dated 28. 01. 2002 in E. A. No. 26 of 2002 in E. A. No. 25 of 2002 in E. P. No. 17 of 2001 in O. S. No. 337 of 1997, allowing the stay petition on condition that the revision Petitioners / Defendants are to deposit half of the Suit Claim. The defendants / Judgment Debtors are the Revision Petitioners.

(2.) THE facts led to the filing of E. P. No. 17 of 2001 and e. A. No. 25 of 2002 are to be stated first:- (i) O. S. No. 337 of 1997 Decree dated 02. 11. 1999: - THE Respondent / Plaintiff has filed this Suit in o. S. No. 337 of 1997, claiming Rs. 2,50,000/- on the basis of Consent Deed executed by the Revision Petitioners / Defendants. THE Defendants entered appearance in the Suit. For non-filing of the Written Statement, the Defendants were set exparte. THE Suit was decreed exparte for the suit claim with subsequent interest. In the said Suit, I. A. No. 223 of 1997 was filed for attaching the petition mentioned property Before Judgment. Attachment Before judgment was ordered, which was made absolute on 07. 10. 1999. (ii) E. P. No. 17 of 2001 in O. S. No. 337 of 1997: - For executing the Decree in O. S. No. 337 of 1997, the respondent / Plaintiff has filed the Execution Petition. THE amount claimed in the Suit and the Execution Petition are as follows: - Principal Amount. . . . . . . Rs. 2,50,000/- Suit claim. . . . . . . Rs. 3,39,833/- Amount claimed in the Execution Petition. . . . . . . Rs. 4,16,932/- For the amount claimed in the Execution Petition, Petition for sale of the House Property was filed, regarding which Attachment Before judgment was made absolute. In the Execution Petition also, the Revision petitioners have entered appearance; but they have not filed their Counter. For non-filing of the Counter, the Revision Petitioners were set exparte. For selling the properties, sale proclamation was ordered on 02. 08. 2001. THE date of sale was fixed on 08. 04. 2002. (iii) E. A. Nos. 25 of 2002 and 26 of 2002 in E. P. No. 17 of 2001: - THE Revision Petitioners / Defendants have filed the petition under Sec. 47 C. P. C for ordering that the Execution Petition in e. P. No. 17 of 2001 is not maintainable on the ground that the order passed by the Trial Court in I. A. No. 223 of 1997 ordering Attachment Before Judgment of the Suit Properties is void, invalid, inexecutable and unenforceable in law. In the Petition under Sec. 47 C. P. C. , the following contentions were raised: - (i) that the Consent Deed referred in the Plaint is a concocted document and signatures of the Defendants have been obtained under threat before the Police Officials; (ii) for non-compliance of the mandatory provisions under order 38 Rule 5 C. P. C, the Attachment Before Judgment of the Suit Properties ordered in I. A. No. 223 of 1997 is invalid and inexecutable.

(3.) WHETHER the impugned order directing the Revision petitioners / Defendants to pay half of the suit claim (Rs. 3,39,833/-) suffers from any infirmity warranting interference is the only point that arises for consideration in this Revision Petition.