S GOPAL Vs. PONNUSAMY

JUDGEMENT

(1.) A challenge is made to an order of dismissal made by the learned Subordinate Judge, Tiruppur in E.A.No.121 of 2006 in E.P.No.53 of 2000 laid in pursuance of the money decree passed in O.S.No.346 of 1999.

(2.) THE court heard the learned counsel on either side. Concedingly, the revision petitioner obtained a decree in O.S.No.346 of 1999, a suit on promissory note. After passing the decree, E.P.No.53 of 2000 was laid for realisation of the amount by bringing certain immovable properties for sale. At the earliest, counter was filed, stating that the properties, which are brought for sale, did not belong to the judgment debtor. Despite the same, E.P. was proceeded with and sale was made. THE decree holder was the auction purchaser. At this juncture, the instant E.A.No.121 of 2006 was filed, seeking amendment of execution petition and also the sale certificate in respect of discrepancy in the property description of the immovable property found therein. On contest, the said application was dismissed. Aggrieved the decree holder has brought forth this revision petition before this court.