LAWS(MAD)-2009-4-565

JAGADEESWARI Vs. K C BALASUBRAMANIAN

Decided On April 03, 2009
JAGADEESWARI Appellant
V/S
K.C. BALASUBRAMANIAN Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the revision petitioner who is not a party in O.S.No.195 of 2000 on the file of the Court of First Additional Subordinate Judge, Erode. To execute the decree in O.S.No.195 of 2000, the plaintiff has filed E.P.No.113 of 2004. It is admitted by the learned counsel for the revision petitioner that after passing of the decree, he had purchased the property belonging to the Judgment Debtor/defendant in O.S.No.195 of 2000. Under such circumstances, I am of the view that this revision petitioner has no locus standi to question E.P.No.113 of 2004 in O.S.No.195 of 2000.

(2.) THE grievance of the learned counsel for the revision petitioner is that an order of attachment was passed in E.P.No.113 of 2004 in O.S.No.195 of 2000 by the learned Execution Court without even observing that the sale taken by the revision petitioner was hit by lis pendens . If the revision petitioner had got any grievance, he has to take appropriate proceedings to set aside the decree passed in O.S.No.195 of 2000, if he is so advised. Under such circumstances, I do not find any reason to admit this revision.