NAGARATHINAM Vs. S JAYA

JUDGEMENT

(1.) The civil revision petition has been filed against the order dated 16.02.2018 made in EP.No.8 of 2017 by the learned IV Additional District and Sessions Court, Coimbatore in O.S.No.643 of 2004, on the file of the learned Additional District and Sessions Court/Fast Track Court II, Coimbatore.

(2.) It is seen from the records that the respondent herein filed a suit in O.S.No.643 of 2004 for specific performance of an agreement. The trial Court after completion of trial and the arguments advanced on either side and after perusing the materials available on record decreed the suit in favour of the respondent/plaintiff by judgment and decree dated 26.02.2007. Aggrieved against the same the petitioner/defendant filed an appeal before this Court in A.S.No.400 of 2007, even though there is no cross appeal, it was partly allowed by judgment dated 20.12.2016. However, Special Leave Petition preferred by the petitioner/defendant before the Hon'ble Supreme Court was dismissed at the stage of admission itself by an order dated 14.07.2017. In the meantime the respondent/plaintiff initiated Execution Proceedings in E.P.No.8 of 2017, which was allowed and delivery of possession was ordered by an order dated 16.02.2018.

(3.) Assailing the order dated 16.02.2018 passed in E.P.No.8 of 2017, the petitioner has come forward with the present civil revision petition.