S M SUBRAMANIAN Vs. R KARUPPUSAMY

JUDGEMENT

(1.) THE order passed in EA.No.166 of 2008 in EP.No,38 of 2005 in O.S.No,809 of 2002 on the file of the Principal District Judge, Coimbatore, is under challenge in CRP.NPD.No,321 of 2009. THE said EA.166 of 2008 was filed under Order 21 Rule 61 of CPC seeking the indulgence of the Court to adjourn the sale of the property scheduled to EP.No,38 of 2005 on the ground that value fixed by the Court for the property scheduled to the EP for sale as Rs.15 lakhs is very low because the property worth more than Rs.20 lakhs. Since the petitioner has not produced any material to show that the property will fetch more than the upset price fixed by the Court the said application for adjournment of sale was dismissed by the Court below, against which the CRP.NPD.No,321 of 2009 has been preferred.

(2.) CRP.NPD.No,2380 of 2008 has been directed against the order passed in I.A.No,993 of 2006 in I.A.No,960 of 2004 in O.S.No,809 of 2002 on the file of the Principal District Judge, Coimbatore. I.A.No,993 of 2006 was filed under Section 5 of the Limitation Act to condone the delay of 8 days in preferring a petition to set aside the exparte final decree. The reasoning stated in the affidavit to I.A.No,993 of 2006 is that the petitioner was ill from 07.12.2005 till 14.02.2006. To substantiate that he was ill during the relevant point of time, he had not produced any material before the Court below. Hence, the said application was also dismissed by the Court below, against which CRP.NPD.No,2380 of 2008 has been preferred by the petitioner in I.A.No,993 of 2006.

(3.) IN fine, CRP.NPD.Nos.2380 & 2772 of 2008 are dismissed confirming the order passed in I.A.No,993 of 2006 in I.A.No,960 of 2004 in O.S.No,809 of 2002 and I.A.No. 994 of 2006 in O.S.No,809 of 2002 respectively on the file of the Principal District Judge, Coimbatore. CRP.NPD.No,321 of 2009 is allowed on condition the revision petitioner deposits the EP cost of Rs.45,991/35 (EP.No,38 of 2005) to the credit of O.S.No,809 of 2002 on the file of the Principal District Judge, Coimbatore, within four weeks from today, failing which, the CRP.NPD.No,321 of 2009 shall deem to have been dismissed. On such compliance, the Execution Court / Principal District Judge, Coimbatore, shall give an opportunity to the revision petitioner / JD to file his objections to the upset price fixed in the EP by producing relevant document. EP is to be disposed of within two months thereafter. Connected Miscellaneous Petitions are closed. No costs.