RANGANATHAN Vs. A PALANIAPPAN

JUDGEMENT

(1.) THIS revision has been filed by the petitioners against the order passed by the Execution Court in REP.No,96 of 2008 in O.S.No,328 of 2005 under Order 21 Rule 34 of CPC directing the petitioners herein, who were the respondents in the EP, to execute the sale deed by 25.09.2008.

(2.) THE contention raised by the petitioners would be that they have already filed a petition to set aside the exparte decree and also an application for condonation of delay of 436 days in filing a petition to set aside the exparte decree before the trial Court and that during the pendency of those petitions, the Execution Court has passed the impugned order. THErefore, the said order passed by the execution Court was a nullity and not in accordance with the principle of law. THE learned counsel for the petitioners would, therefore, submit that the order passed by the Execution Court on 29.08.2008 directing the petitioners herein to execute the sale deed in consonance with the exparte decree passed by the trial Court in favour of the respondent/plaintiff and this revision petitioner may also be allowed.