(1.) The Civil Revision Petition is filed to call for the records in E.P.No.11 of 2013 in O.S.No.24 of 2008 on the file of the learned Subordinate Judge, Ambasamudram and struck of the same.
(2.) The revision petitioner is the defendant. The respondent is the plaintiff. The petitioner filed present Civil Revision Petition under Article 227 of Constitution of India to strike off Execution Petition filed by the respondent.
(3.) The respondent / plaintiff filed a suit in O.S.No.24 of 2008, based on the equitable mortgage created by petitioner for a decree and directing the petitioner to pay the amounts due under mortgage, within the time limit fixed by the Court, failing which prayed for sale of mortgaged property and if sale proceeds are not sufficient to satisfy the entire amount due under mortgage, prayed for preliminary decree. A preliminary decree was passed on 14.12.2009. The respondent filed I.A.No.194 of 2010 in O.S.No.24 of 2008 for passing a final decree. The petitioner filed A.S.No.31 of 2010, against the preliminary decree dated 14.12.2009 and the said first appeal was dismissed on 08.02.2011. Against that order of dismissal, the petitioner filed second appeal in S.A.No.345 of 2004 and the same is pending. The Final Decree was passed on 01.06.2011. The respondent filed E.P.No.11 of 2013 for sale of mortgaged property as per Final Decree. The petitioner filed present Civil Revision Petition to strike off the Execution Petition, on the ground that the respondent ought to have filed suit for sale of the property, as per Order 34 Rule 14 of CPC. The Execution Petition filed under Order 34 Rule 15(2) is not maintainable.