LAWS(MAD)-2009-12-555

PALANIMUTHU Vs. MANI

Decided On December 18, 2009
PALANIMUTHU Appellant
V/S
MANI Respondents

JUDGEMENT

(1.) THE revision petitioners/Judgment Debtors have filed this civil revision petition as against the order dated 25.6.2009 made in R.E.A.No.159 of 2008 in R.E.P.No,49 of 2007 in O.S.No.128 of 1999 passed by the learned Subordinate Judge, Sankari in allowing the application under Order 6 Rule 17 of CPC etc., filed by the respondent/Decree holder to amend the Execution petition.

(2.) THE Executing Court, while passing orders in REA.No.159 of 2008 in REP.No,49 of 2007 in O.S.No.128 of 1999 has passed the following. "Heard. Perused. Petition allowed.'

(3.) IN the result, the civil revision petition is allowed. The order passed by the Executing Court in REA.No.159 of 2008 in REP.No,49 of 2007 in O.S.No.128 of 1999 dated 25.6.2009 is set aside. The Executing Court is directed to restore REA No.156 of 2008 on its file and to pass order afresh on merits and while passing orders, the trial Court is directed to pass a reasoned order on merits expressing its outline of reasoning when it arrives at a conclusion in the manner known to law. No costs. Consequently, connected M.P.No.1 of 2009 is closed.