N BALRAJ Vs. L NANJAIAH

JUDGEMENT

(1.) THE petitioner/respondent/defendant has preferred this civil revision petition as against the order dated 05.08.2009 in E.A.28 of 2008 in E.P.No,9 of 2005 in O.S.No,95 of 2004 passed by the Learned District Judge of the Nilgris at Udhagamandalam.

(2.) THE Learned District Judge of the Nilgris while passing orders in E.A.No,28 of 2008 has come to the conclusion that in the final decree application the revision petitioner/defendant has filed the counter through the very same trial Court Advocate admitting the claim of the respondent/decree holder and resultantly dismissing the application with costs.

(3.) IT is to be noted that an Executing Court cannot go beyond the decree under execution and if at all the petitioner has any remedy in Law then, he has to challenge the preliminary/final decree in the manner known to Law and in accordance with Law. When the fact situation is that the preliminary decree dated 04.06.2003 and later the final decree dated 03.12.2004 passed in the O.S.No,41 of 2007 have become final it is for the respondent/decree holder to enjoy the fruits of decree. Inasmuch as the litigation cannot be allowed to go eternally and in that view of the matter the civil revision petition fails and the order passed by the Execution Court in E.A.No,28 of 2008 does not require any interference at the hands of this Court sitting in this revision.