JAYACHANDRAN Vs. THAMBI REDDY

JUDGEMENT

(1.) THIS Civil Revision Petition is preferred against the order dated 15.09.2000 passed by the District Munsif, Dharmapuri in R.E.A.No.51/99 in R.E.P.No.42 of 1997 in O.S.No.57 of 1992, dismissing the Petitioner's Application for raising the order of Attachment.

(2.) RELEVANT facts which led to the Revision Petition are as follows:- The Petitioner is the son of the Second Respondent. First Respondent is the Father of Second Respondent and Grandfather of the Petitioner. First Respondent filed a suit in O.S.No.57 of 1992 on a Promissory Note. The Second Respondent has hotly contested the matter and the Suit was decreed on 05.08.1992. As against the Judgment and Decree, the Second Respondent preferred Appeal in A.S.No.53 of 1993, which was dismissed on 13.01.1995, confirming the Judgment and Decree of the Trial Court.

(3.) ASSAILING the Impugned Order, the learned counsel for the Revision Petitioner has submitted that when there was oral partition in 1986 and the Parties have also recorded a Partition memo on 25.04.1992, the Executing Court ought to have kept in view and raising the order of Attachment. It was further submitted that the Petitioner is in separate possession and enjoyment of the properties and only when the properties had been brought for sale, he came to know about the decree proceedings and the Execution Proceedings and immediately filed Application under O.21 R.58 C.P.C. It was further submitted that even the Executing Court has found that the Properties are the joint family properties and in that event, the Petitioner would be entitled to share and the Decree Holder is not right in bringing the entire property to sale.