P K VINAYAGAM Vs. SARASWATHI

JUDGEMENT

(1.) The third party/claimant is the revision petitioner. The first respondent herein is the plaintiff/decree holder and the second respondent is the defendant/judgment debtor in the suit in O.S.No.36 of 2010 and in E.P.No. 109 of 2010 respectively.

(2.) The suit in O.S.No.36 of 2010 on the file of Sub Court, Arni, has been filed by the first respondent herein against the second respondent, seeking the relief of specific performance. The Court below has passed an exparte decree dated 30.08.2010.

(3.) According to the claimant/petitioner herein, when the Court passed the exparte preliminary decree, the decree included the property belonging to the claimant/revision petitioner also. This property is stated to be situated at S.No.182/2, to an extent of 0.18.0 acres (44 cents) at Vinnamangalam Village, Arni Taluk.