S GANAMANI Vs. D RAMANATHAN

JUDGEMENT

(1.) The legal heirs of the deceased second defendant are the revision petitioners.

(2.) Originally suit has been filed in O.S.No.344 of 1991 by the plaintiffs 1 and 2, against the defendants 1 to 8 seeking the relief for specific performance. On 29.02.1996, the suit was decreed directing the defendants 2 to 8 to receive the balance sale consideration and also to execute the sale deed. Challenging the same, the defendants 2,3 and 4 have filed an appeal in A.S.No.211 of 1997 on the file of II Additional District Court, Coimbatore.

(3.) Contending that the execution petition is not maintainable as there is no executable decree, this Civil Revision Petition has been filed. The learned counsel for the revision petitioners would submit that when there is no decree at all to be executed as it is under challenge in the appeal, the decree holders are not entitled to proceed with the Execution Petition. This legal position is correct. But the fact remains that once, at a time when the appeal got dismissed for non -prosecution and taking advantage of that situation, the decree holders have filed the Execution Petition and they were proceeding with the Execution Petition.