GURUSAMYPILLAI Vs. ATHINARAYANAN AND ORS.

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 18 November, 2014, in E.A. No. 149 of 2012 in E.P. No. 83 of 2008, whereby and whereunder, the learned Subordinate Judge, Srivilliputhur, was pleased to dismiss the application filed by the petitioner to set aside the sale.

(2.) THE first respondent filed a suit in O.S. No. 145 of 2005, on the file of learned Subordinate Judge, Srivilliputhur. It was a suit for recovery of money. The Trial Court passed a decree, directing the petitioner to pay a sum of Rs.5,37,268/ -.

(3.) THE petitioner, in the meantime, paid the entire decree amount to the decree holder and filed an application under Order 21 Rule 89 of Code of Civil Procedure. The learned Executing Judge dismissed the said application primarily on the ground that the application was made beyond the period of 60 days and it was not accompanied by the mandatory deposit. The petitioner challenges the legality and correctness of the order in E.A. No. 149 of 2012.