JAYAKODI Vs. GNANAPRAKASAM

JUDGEMENT

(1.) THIS civil revision petition is against the order dated 3. 10. 1991 in I. A. No. 362 of 1991 in O. S. No. 108 of 1989 on the file of Sub Court ,villupuram.

(2.) THE facts of the case which led to the filing of the revision petition are as follows: THE revision petitioner is the plaintiff and decree-holder in O. S. No. 108 of 1989. Pursuant to the decree, the suit property was sold in court auction on 17-1-1991 and thereafter, the sale was confirmed on 18-6-1991 and delivery of property was taken on 4-11-1991 and delivery was recorded on 7-11-1991 and the sale proceeds were deposited in that Court. It is represented on behalf of the judgment-debtor, 1st respondent herein that the 1st respondent had taken some steps challenging the court auction proceedings. However, he is not in a position to state the stage of the revision petition said to have been preferred by the 1st respondent for want of instructions from the 1st respondent. Meanwhile, the revision petitioner seems to have taken i. A. No. 362/91 for payment out of the amount due to him on the basis of the decree in the suit O. S. No. 108/89. THE learned sub-Judge, Villupuram in his order dated 3-10-1991 against which this revision petition is preferred, allowed I. A. 362 of 1991 directing that the revision petitioner shall receive the cheque for an amount of Rs. 25 ,141 on furnishing immovable security against which condition the petitioners preferred the present revision petition.