C RAMESH Vs. KARUPPANNAN

JUDGEMENT

(1.) THIS Revision has been filed by the petitioner against the order passed by the Execution Court in REA.No,216 of 2007 in REP.No,37 of 2005 in O.S.No.103 of 2004 dated 27.04.2007.

(2.) THE revision petitioner, as plaintiff, had filed the suit O.S.No.103 of 2004 against the respondent herein/defendant for the recovery of a pronote debt. THE suit was decreed in favour of the revision petitioner/plaintiff. He had filed execution petition in R.E.P.No,37 of 2005. THE said EP for sale attachment was ordered and thereafter, sale was also ordered. A Court auction was conducted and auction purchaser had successfully bid and the sale was confirmed and he deposited the amount into the Court. THE petitioner has filed REA.216 of 2007 for the payment of the decree amount from out of the said deposit. THE said application was dismissed by the lower Court. Hence, the present revision has been preferred by the decree holder/petitioner.

(3.) THE lower Court had refused the request of the petitioner for disbursing the amount of Rs.1,38,936/- out of Rs.1,62,000/- lying to the credit of REP.No,37 of 2005, being the sale proceeds on the auction sale held by the said Court, and thereby dismissed the application. Hence, the decree holder in the suit/the petitioner in the EP proceedings, has preferred this revision against the said order.