T GOVINDARAJAN Vs. T SOUNDARAJAN

JUDGEMENT

(1.) THIS Revision Petition is directed against the Order made in E.P.No.27/2005 in O.S.No.20/2004, ordering attachment of Petition mentioned property.

(2.) IN brief background facts are as follows :- Petitioners and Respondent are brothers. Respondent filed partition suit in O.S.No.109/1993 before Sub Court, Nagapattinam, which ended in compromise. Pursuant to the compromise, parties have entered into a Vardamanam dated 02.12.1996, as per which, Respondent is to be paid Rs.6,00,000/- in lieu of his share. Since the amount of Rs.6,00,000/- was not paid for executing the terms of Vardamanam, Respondent filed O.S.No.487/2000 before Sub Court, Thiruvarur, which was decreed on 23.11.2004.

(3.) SUPPORTING the Order of attachment, learned Senior Counsel Mr.Krishnaswamy has submitted that to pay the Decree amount, only 452/840 share has been ordered to be sold and when the share of the individuals is not identified, the Petitioners cannot raise the plea of excess execution. It was further submitted that Petitioners having not complied with the conditional Order passed by the High Court, cannot seek stay of the proceedings.