SARAVANA THEATRE Vs. T RAMALINGAM

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the Order and Decreetal Order, dated 28. 04. 2008 made in E. A. No. 15 of 2008 in E. P. No. 31 of 2005 in O. S. No. 172 of 1999 on the file of the Subordinate Court, Gudiyatham.

(2.) THE petitioners are the respondents 1 to 3 and 5 in the E. A before the Executing Court. The first respondent herein / auction-purchaser has filed the Execution Application under Order VI Rule 17 of the Code of Civil Procedure, seeking amendment. The Court below considering the facts and circumstances and the arguments advanced by both sides, has allowed the application. Aggrieved by which, the Civil Revision Petition has been preferred.

(3.) THE first respondent herein / auction-purchaser has sought permission to amend the schedule of property in attachment before Judgment Application as well as in the proclamation and sale certificate as detailed in the petition as directed by this Court in the order passed in C. R. P (NPD) No. 3930 of 2007. According to the first respondent / auction-purchaser, he purchased the property, M/s. Saravana Theatre in the court auction sale and the sale was also confirmed by the court below and also taken delivery of possession of the property. The revision petitioners 1 to 3 preferred revision against the order passed in E. A. No. 76 of 2007 in C. R. P (NPD) No. 3930 of 2007. As per the order, dated 28. 02. 2008 made in C. R. P (NPD) No. 3930 of 2007, this Court dismissed the revision, however, by setting aside a portion of the finding of the executing court, held that the respondents shall take proper steps before taking delivery of possession of the property, for rectifying the Survey Number and extent in the schedule to the ABJ application as well as in the sale proclamation and sale certificate in accordance with law.