CHINNAMMAL Vs. RAJESWARI

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 08.09.2011 passed by the First Additional District Munsif Court, Erode in E.A.No.39 of 2010 in E.P.No.46 of 2004 in O.S.No.542 of 1998.

(2.) The petitioner is the first defendant in O.S.No.542 of 1998, which was filed by the first respondent, for specific performance and for recovery of possession of the suit property.

(3.) After contest, the suit was decreed on 31.01.2000. The decree holder filed an execution petition before the Sub Court, Erode in EP No.327 of 2000 and the same was transferred to the First Additional District Munsif and re - numbered as E.P.No.46 of 2004. The Court had executed the sale deed in favour of the decree holder on 08.02.2007 in D.No.312 of 2007. Thereupon, the decree holder filed E.A.No.39 of 2010 to amend the description of the property in the execution petition contending that during the pendency of the execution petition, the judgment debtor had put up construction without her knowledge. The application was resisted by the Judgment debtor. However, the Executing Court allowed the application. Aggrieved by the said order, the present civil revision petition is filed.