P DURAISAMY Vs. MAHALAKSHMI FINANCE

JUDGEMENT

(1.) THE C. M. P. was listed on 7. 10. 1996. Since counsel for the respondent was absent the matter was posted today. Today also counsel for the respondent is absent.

(2.) THE respondent herein is the decree-holder in O. S. No. 359 of 1989 and the petitioner is the son of the judgment-debtor. When the respondent filed the execution petition to recover the money as per the decree by bringing the properties of the judgment-debtor for sale, the petitioner herein filed R. E. A. No. 434 of 1994 putting forth a claim in the properties that were sought to be sold. His case is that the properties were divided between himself and his father, the judgment- debtor and now the decree-holder is trying to bring the entire properties for sale. Pending the claim petition, he also filed R. E. A. No. 441 of 1994 to stay the execution proceedings. THE Executing Court dismissed the said petition that is R. E. A. No. 441 of 1994 by order dated 9. 6. 1994. THE said order is as follows: ' Heard. Oral partition is set-up in the claim petition. No document is also produced by petitioner. Sufficient cause is not shows to stop sale. Hence petition is dismissed. '