RITA AGENCIES Vs. GANESHLAL SADANI

JUDGEMENT

(1.) CHALLENGING the order of the IX Assistant City Civil judge, Madras made in Execution Application No. 2834 of 2006 in E. P. No. 1051 of 2006 filed by the respondent/decree holder pursuant to the money decree passed in O. S. No. 7318 of 2001, the judgment debtor has brought forth this Civil Revision petition.

(2.) ADMITTEDLY, after passing of the decree, execution petition referred to above was filed by the respondent/decree holder in order to get the fruit of the decree for attachment and sale of an immovable property of the judgment debtor mentioned in the schedule to the property. The trial court dismissed the petition filed in I. A. No. 14168 of 2005 seeking permission to grant leave to defend and permit the petitioners to let in evidence and to file written statement. Neither any counter nor even an undertaking has been given no to alienate the property, pending the execution proceedings. Following the same, an appeal in E. A. No. 2834 of 2006 was filed to set aside the said order. Not satisfied with the reasons adduced, the Court below dismissed the application. Under such circumstances, the above Civil Revision petition has been brought forth.