MR M JANAKIRAMAN Vs. JAGADEESWARI

JUDGEMENT

(1.) THE petitioner/first respondent/judgment debtor No.1 has filed this civil revision petition as against the order dated 31.03.2008 in E.P. No. 121 of 2005 in O.S. No. 80 of 2004 passed by the learned Subordinate Judge at Arani, Thiruvannamalai District.

(2.) THE Executing Court in E.P. No.121 of 2005 on 31.03.2008 after the SOT filed has ordered issuance of notice to the respondents and also ordered proclaim and sell on 02.06.2008 and has given a further date of hearing on 06.06.2008 and on 06.06.2008 the judgment debtor has been paid and the Executing Court has ordered proclaim and sell on 30.06.2008 and posted the matter on further hearing on 04.07.2008.

(3.) IN response, the learned counsel for the first respondent/decree holder contends that the revision petitioner and his wife/judgment debtors have obtained a loan of Rs.1,50,000/- on the basis of a promissory note as early as on 16.06.2002 and that an exparte decree has been passed by the trial court on 23.03.2005 and the E.A. No. 27 of 2006 filed by the judgement debtors have been dismissed by the trial Court and on 31.03.2008 when the SOT has been filed and notice has been ordered in regard to proclamation and sale of the schedule property on 02.06.2008 etc., the revision petitioner has projected the civil revision petition to steal the endeavor of the first respondent/decree holder in not enjoying the fruits of the decree and further, the trial court has taken in to account of the over all assessment of facts and circumstances of the case in an integral fashion and therefore, the order passed by the executing court in ordering for SOT etc. on 31.03.2008 need not be disturbed by this court.