UTHIRAPATHI Vs. SARANGAPANI

JUDGEMENT

(1.) THE petitioner herein have projected this Civil Revision Petition before this Court as against the order dated 25.07.2006 passed in E.A.No,60/06 in E.P.No,8/06 in O.S.No,367/92 passed by the learned District Munsif Court, Nannilam, Tiruvarur District in dismissing the petition under Section 47 Civil Procedure Code application filed by the petitioners herein.

(2.) THE trial Court while passing orders in E.A.No,60/06 has inter-alia observed that the revision petitioners have not projected proper reasons in filing an application in E.A.No,60/06 under Section 47 and further that they have not produced documents and further that Section 47 application has been filed with a view to procrastinate the execution proceedings and resultantly dismissed the application in limini without costs.

(3.) IT is to be noted that the revision petitioners have filed E.A.No,60/06 before the trial Court inter-alia averring that the respondent/plaintiff's vendor Rajendran has no right to sell the properties and the said sale is not valid and also an illegal one and in fact the suit has been filed based on the illegal sale and that the respondent/plaintiff has suppressed the real facts before the Court of law and the 1st item of suit schedule property belongs to the Government Natham and the 2nd ITem of property belongs to the Sri Kothandaramar Temple at Mudikondan Village and in respect of these details, the respondent/plaintiff has not amended the plaint and even after the Advocate Commissioner's report refer to the ownership of the Government and the Temple in respect of the properties mentioned supra. The respondent/plaintiff has suppressed the fact and therefore a decree obtained in pursuance of the same cannot be executed by the Court and therefore prays for allowing the application.