PARK TOWN BENEFIT FUND LTD Vs. A PRAHALATHAN

JUDGEMENT

(1.) THIS civil revision petition has been brought forth by the judgment debtor, pursuant to the decree passed in O. S. No. 7535 of 1998 on the file of the X Assistant Judge, City Civil Court, Chennai, which was a suit on mortgage.

(2.) THE court heard the learned counsel for the petitioner. It would be quite clear from the available materials that pursuant to the decree, the execution petition was filed for execution of the said decree. At that time, two petitions were filed, one under Order 21 Rule 34 C. P. C. for a direction to the judgment debtor to execute the deed of conveyance and the other for direction to produce all original documents relating to the schedule mentioned property thereon. It was resisted by the judgment debtor, stating that against the final decree passed, an appeal has been filed and the appeal is pending and under these circumstances, the execution petition was to be dismissed. THE lower court has rejected the contentions on the ground that there is no material placed before the court to show that an appeal is pending. Now, it is brought to the notice of the court that a miscellaneous application to condone the delay in filing an appeal was filed in the year 2004. Thus, it would be quite clear that the matter is pending for nearly 3 years. Even now, this court is unable to understand the reasons as to how the execution petition could be stopped. Under these circumstances, the reasons adduced before the lower court or before this court do not merit acceptance and hence, they have got to be rejected. Hence, the order of the lower court is sustained. This civil revision petition is dismissed. No costs. Consequently, connected CMP is also dismissed.