A V MARASAMY Vs. D POONGODI

JUDGEMENT

(1.) THIS civil revision petition is filed under Section 115 of CPC, against the order and decretal order dated 23.2.2007 passed in E.P.No,25 of 2004 in O.S.No.17 of 2003 on the file of Sub Court, Bhavani.) The revision petitioner/decree holder has filed this present civil revision petition as against the order dated 23.2.2007 in E.P.No,25 of 2004 in O.S.No.17 of 2003 passed by the learned Subordinate Judge, Bhavani in closing the execution petition for the present granting liberty to the revision petitioner to file fresh execution petition after the disposal of pending appeal before the this Court.

(2.) THE trial Court, while closing the execution petition in E.P.No,25 of 2004 for the present etc has observed that 'during enquiry, the respondent/Judgment Debtor has represented that the execution petition had been stayed by the order passed in C.M.P.No.14138 of 2003 in S.A.No.1546 of 2003 and therefore both parties were directed to furnish the particulars of the interim stay whether the interim stay is in force or had been vacated and that both the parties had not furnished any order copy of the High Court, in spite of repeated adjournments, directing both parties to furnish the appropriate orders and in such circumstances, this Court is unable to execute the decree as it will cause miscarriage of justice and also amount to judicial indiscipline for not respecting the orders passed by the higher forum in the judicial hierarchy and to avoid such complications and difficulties, it is better that this petition is closed for the present, with direction to the decree holder to file a fresh execution petition for the same relief as the decree holder is in no way affected and he has enough time as per the limitation act to prosecute the case, no purpose will be served by retaining the execution petition on file and offering the explanation to the High Court for pendency and therefore, closed the petition for the present and it is also directed the revision petitioner to file fresh execution petition, after the disposal of the second appeal before the High Court and as closed the execution petition for the present.

(3.) THE revision petitioner/plaintiff is the decree holder in O.S.No.17 of 2003 on the file of Fast Track Court No. IV, Bhavani. As against the Judgment and decree dated 28.11.2003 made in O.S.No.17 of 2003 by the Fast Track Judge, No. IV Bhavani, no further proceedings have been taken by the respondent/defendant/Judgment Debtor in the manner known to law. THE revision petitioner/plaintiff has filed E.P.No,25 of 2004 praying for execution of sale deed and for delivery of possession of immovable properties of the respondent/Judgment Debtor.