C JACOB JOHNSON Vs. V MUTHUSAMY

JUDGEMENT

(1.) THE Civil Revision Petition is filed against the order dated 28.11.2008 made in E.P.No.113 of 2008 in O.S.No.1538 of 2004, on the file of the Principal District Munsif Court, Dindigul.

(2.) THE respondent herein filed Suit in O.S.No.1538 of 2004 and prayed for specific performance of an agreement by executing a sale deed after receiving the balance amount of Rs.5,000/- and if the petitioner refuses to execute the same, the execution can be or-dered through Court and also to put the re-spondent in possession. THE suit was decreed as per the exparte decree dated 25.10.2006. THE respondent herein filed E.P.No.151 of 2007 for the execution of the sale deed through Court. THE said Execution Petition was ordered and the Execution Petition was terminated by an order dated 31.03.2008 due to the execution of the sale deed through Court. THEreafter, the respondent filed E.P.No.113 of 2008 for delivery of possession as per sale deed executed by the Court below.

(3.) THE Second Execution Petition can be filed to execute a decree is maintainable or not, came up for consideration before the Ra-jasthan High Court in Durga Prasad v. Gauri Shankar reported in AIR 1966 Rajasthan 258, wherein, it has been held that there may be separate and successive applications for the execution of a decree in which different re-liefs may be claimed and Order 2 Rule 2(1) C.P.C does not apply to execution proceed-ings.