T. DHARMALINGAM Vs. K.P. BHARATHI

JUDGEMENT

(1.) The first judgment debtor/first defendant is the civil revision petitioner before this Court, challenging the order passed in E.P. No.126 of 2008 in O.S. No.242 of 2004, dated 08.03.2011, on the file of the District Munsif Court, Gudiyatham, Vellore District.

(2.) The case of the respondent/decree holder is that he has filed a suit against this petitioner along with the other defendants 2 to 5 in O.S.No.195 of 2002, on the file of the Sub-Court, Gudiyatham was subsequently transferred to the District Munsif Court, Gudiyatham, Vellore District and re-numbered as O.S. No.242 of 2004 and the decree was passed on 12.02.2007 directing the 1st defendant viz., the petitioner/1st judgment debtor to pay the plaintiff the suit amount of Rs.81,767.00 with future interest at the rate of 24% per annum and directing the defendants 2 to 5 to pay the same from and out of the assets and estates of the deceased Subramaniam and for cost.

(3.) The respondent/decree holder has filed an execution petition in E.P.No.126 of 2008 in O.S.No.242 of 2004 before the District Munsif Court, Gudiyatham, Vellore District under Order 21, Rule 37 and 38 Civil Procedure Code for realize the amount, failing which the order to arrest of the first respondent to committed into civil prison.