ARUNACHALAM Vs. NAGARAJAN

JUDGEMENT

(1.) This revision petition has been filed against the order and decreetal order dated 01.02.2008 in E.P.No.10.2006 in O.S.No.104/2004 on the file of the Principal District Judge, Pudukottai.

(2.) A money suit was filed by the revision petitioner as plaintiff in O.S.No.104/2004 on the file of the Principal District Judge, Pudukottai which was decreed on 29.06.2006 with costs. E.P. was filed on 24.08.2016 for the decretal amount to be paid with interest @ 12% per annum from 29.12.2003 to 24.08.2006 along with costs totalling to Rs. 15,42,647.35 and since judgment debtor did not pay the amount, his property was attached to auction it and to pay the proceeds to the revision petitioner/plaintiff.

(3.) The respondent through his counter stated that the EP cannot be sustained legally. EP has been filed against the ex parte decree against which, he filed a petition in I.A.No.113 of 2006 to set aside the same. As per the order of the High Court, security has been given in lieu of the decretal amount. The respondent would further contend that the High Court has already passed an interim order not to attach the petition mentioned property in the EP and therefore EP cannot be maintained. Further, the revision petitioner cannot file EP without filing a petition to attach the property which has been already given as security before the High Court and therefore prayed for dismissal of the E.P.