GOVINDASAMY Vs. SELLAMUTHU

JUDGEMENT

(1.) THE petitioners/petitioners No.2,3,5 to 17/legal representatives of the decree holders/plaintiffs have filed this civil revision petition as against the order dated 17.04.2008 in R.E.A No.39 of 2007 in R.E.P No.38 of 2002 in (O.S.No.893 of 1981 on the file of District Munsif Court Tiruchengode) passed by the Learned District Munsif Court, Sankari.

(2.) THE trial Court while passing orders in R.E.A No.39 of 2007 in R.E.P No.38 of 2007 on 17.04.2008 has inter-alia opined that as an Executing Court how it is permitted to have beyond the terms of the decree and in this regard no explanation or an argument has been advanced on the side of petitioners and as such the application cannot be entertained for passing orders and resultantly dismissed the application without costs.

(3.) THE learned counsel for the revision petitioners in support of the contentions that a Court of Law has power to extend time to deposit the balance sale consideration relies on the decision of Hon'ble Supreme Court Chanda (dead) through Lrs. Vs. Rattni and another 2007 (3) CTC 773 wherein it is held that;