PARTHASARATHY DIED Vs. A RAMACHANDRAN

JUDGEMENT

(1.) THE petitioner/defendant's 4, 5 and 6 have filed this civil revision petition as against the order dated 31.07.2009 in E.P.No.210 of 1990 in O.S.No.1563 of 1983 passed by the Learned X Assistant City Civil Court, Chennai.

(2.) THE Executing Court while passing orders in E.P.No.210 of 1990 dated 31.07.2009 has come to a categorical conclusion that, "the Executing Court cannot travel beyond the decree and the claim made by the judgment debtor in the counter is found to be contrary to the decree passed by the Civil Court and therefore, until, otherwise, the decree is set aside by the Judicial Forum, the decree holds good and if this Execution Petition is dismissed, it amounts to miscarriage of justice and judicial indiscipline by the Executing Court" and has rejected the contentions of the revision petitioner and judgment debtors 4 and 5 and granted the relief of allowing the Execution Petition in favour of the respondent/decree holder.

(3.) IT is not in dispute that as against the judgment passed by this Court in Second Appeal No.587 and 588 of 1992, no further proceedings have been taken by the aggrieved persons. Significantly, in S.A.No.588 of 1992 the revision petitioner deceased Parthasarathy figured as appellant/first defendant and other revision petitioners are the sons and wife of the deceased late Parthasarathy in S.A.No.588 of 1992 this Court confirmed the judgment and decree of the First Appellate Court passed in A.S.No.667 of 1988 and therefore, the judgment and decree passed in S.A.No.588 of 1992 dated 22.02.2002 have become final and conclusive and binding between the intese parties.