AYYASAMI Vs. FATHIMA BEGAM

JUDGEMENT

(1.) CHALLENGING the fair and final order, dated 10.06.2013, passed in E.A.No.375 of 2012, in O.S.No.147 of 2004, on the file of the Principal District Munsif Court, Kallakurichi, the auction purchaser has filed this Civil Revision Petition.

(2.) HEARD the learned counsel appearing for the revision petitioner and the learned counsel appearing for first and second respondents.

(3.) THE plaintiff filed the Suit in O.S.No.147 of 2004, for recovery of money. The said suit was decreed on 06.03.2007. Pursuant to the said decree, the plaintiff/decree -holder filed an Execution Petition, viz., E.P.No.127 of 2008, in which, the property not belonging to the defendant was brought to sale and the revision petitioner herein was the successful bidder in the auction. Thereafter, the first respondent herein filed an Execution Application under Order xxi, Rule 90 CPC, viz., E.A.No.266 of 2011, to set aside the sale made in favour of the revision petitioner. Since the husband of the first respondent is in Foreign Country, she filed E.A.No.375 of 2012, to implead her husband as the second petitioner in E.A.No.266 of 2011.