K PAZHLANIVELU Vs. PREMA

JUDGEMENT

(1.) CIVIL Revision Petition is filed under Article 227 of Constitution of India, against the fair and decretal order dated 5.11.2008 made in E.P.No.3 of 2008 in O.S.No.106 of 2005 on the file of First Additional Subordinate Judge, Cuddalore. Heard the learned counsel appearing for the revision petitioner. His grievance is that the order in E.P.No.3 of 2008 in O.S.No.106 of 2005 on the file of First Additional Subordinate Judge, Cuddalore was passed on 5.11.2008 observing that an application filed under Order 9 Rule 13 CPC by the defendant in the suit was dismissed. It is seen from the impugned order that the said application filed by the Revision petitioner/defendant in O.S.No.106 of 2005 was dismissed under Order 9 Rule 13 CPC as early as on 18.6.2008 itself. The learned counsel would state that he had filed E.A.No.146 of 2009 in E.P.No.3 of 2008 under Order 21 Rule 26 CPC to stay the execution. But before this Court, the order under challenge is in E.P.No.3 of 2008 in O.S.No.106 of 2005 and not the order passed in E.A.No.146 of 2009. If the petitioner has got any grievance then he ought to have preferred an appeal against the decree and Judgment passed in O.S.No.106 of 2005. Under such circumstances, I do not find any reason to interfere with the orders of the execution Court in E.P.No.3 of 2008 in O.S.No.106 of 2005 .

(2.) IN fine, this civil revision petition is dismissed before admission.