R JEYALAKSHMI Vs. G RAJENDRAN

JUDGEMENT

(1.) Challenging the fair and decreetal order, passed in E.A.No.3181 of 2002 ini E.P.No.840 of 2000 in O.S.No.6864 of 1986 on the file of X Assistant City Civil Court, Chennai, the Judgment Debtor has filed the above Civil Revision Petition.

(2.) The respondent/Decree Holder filed a suit in O.S.No.6864 of 1986 for Specific Performance. Though the defendant filed her written statement, subsequently, she remained ex-parte and therefore, the trial Court decreed the suit ex-parte on 9.8.1988. The plaintiff, who is the father of the respondent herein, had died on 22.05.1992. Thereafter, the respondent filed an Execution Petition in E.P.No.3914 of 1995 for executing the decree, which was allowed by the Execution Court, directing the defendant to execute the sale deed within a period of three months, failing which, the plaintiff was permitted to approach the Execution Court.

(3.) Pursuant to the order passed in E.P.No.3914 of 1995 dated 20.11.1996, the respondent filed a second Execution Petition in E.P.No.840 of 2000. In the said Execution Petition, the defendant/Judgment Debtor filed an application in E.A.No.3181 of 2002 under Sec.47 of the Civil Procedure Code.