M KRISHNASWAMY [DECEASED] Vs. K ARUMUGHAM

JUDGEMENT

(1.) CHALLENGE in this revision is the Order of the Subordinate Court, Thirupur made in C.M.A.No.36/1993, confirming the order of District Munsif Court, Thirupur, dismissing the application filed under Or.9 R.13 CPC. Defendant/Judgment-Debtor is the Revision Petitioner.

(2.) RELEVANT facts are as follows:- The Petitioner/Tenant borrowed Rs.4,000/- on 17.12.1979 and Rs.3,000/- on 29.12.1979 from the Decree Holder Late Krishnasami on the mortgage of his house in Colony East. Since the amount was not repaid, the Decree Holder has filed a suit for mortgage - O.S.No.8/1984. The suit was decreed and Final Decree was also passed. For execution, the Decree-holder has filed E.P.No.460/1987. The mortgaged property was sold. Sale was confirmed on 07.09.1990.

(3.) THE Respondent has not entered appearance. His name has been printed in the cause list.