SHANMUGAM Vs. RAJESWARI

JUDGEMENT

(1.) The present Civil Revision Petition has been filed challenging the order passed in E.A.No.180 of 2009 in E.P.No.150 of 2004 in O.S.No.100 of 1989, dated 08.04.2010 passed by the Principal District Munsif, Erode, whereby the lower Court has allowed the Petition filed by the respondents herein and consequently, set aside the Sale Deed executed in favour of the Revision Petitioner.

(2.) The facts leading to filing of the instant Revision Petition dates back to O.S.No.100 of 1989 whereby the plaintiff in the above suit has assigned the decree in favour of the Revision Petitioner and on strength of the said decree, the Petitioner has filed E.P.No.40 of 1997 for execution of the Sale deed. Accordingly, the said Execution Petition was allowed and to set aside the order of execution passed in E.P.No.40 of 1997, E.A.No.289 of 1998 was preferred by the legal heirs of the original owner.

(3.) The filing of the said E.A. was in the name of one Mr.Anna Durai and Mr.Shankar, the 3rd and 4th respondents in the instant Revision Petition. There is no whisper as to what happened to the said E.A.No.289 of 1998 but it has not been stated across the bar that the said E.A. was dismissed for non-prosecution. Continuing the battle, the 3rd and 4th respondents in the instant Revision Petition also included their sisters Rajeswari and Vijayalakshmi who are the 1st and 2nd respondents herein and filed a fresh E.A.No.180 of 2009 under Section 47 of the C.P.C. seeking to set aside the Execution of the Sale deed dated 13.08.2008 in favour of the revision petitioner and consequently, prayed for dismissal of the Execution Petition itself.