S GOWRI Vs. G MANGAMMAL

JUDGEMENT

(1.) THE revision petitioners/legal representatives of Judgment Debtor have filed this civil revision petition as against the order dated 20. 12. 2007 in E. P. No. 18 of 2007 in O. S. No. 362 of 2004 passed by the learned District Munsif, Poonamallee in allowing the execution petition and ordering attachment by 30. 1. 2008.

(2.) THE Executing Court, while passing orders in E. P. No. 18 of 2007 on 20. 12. 2007, has observed that 'originally the execution petition had been filed by one Govindan mandadi and pending execution petition, he had died and his legal heirs have impleaded themselves as petitioners and are the proceeding with the execution petition and since all the legal heirs have been impleaded, the Judgment debtors are bound to pay the amount specified in the execution petition and having suffered the decree, it is for the Judgment debtors to comply with the same and there is no merit in the contentions of the judgment debtors and hence attach by 30. 01. 2008 and resultantly, allowed the petition. '

(3.) THE learned counsel for the revision petitioners/ legal representatives of Judgment debtors submits that the order of the Executing Court for a direction to attach by 30. 01. 2008 is illegal and that the decree has been obtained by the original plaintiff as against the father of the revision petitioners and the same cannot be proceeded against the respondents and that the petition filed by the legal representatives of the decree holder as against the petitioners is liable to be dismissed and also that the respondents who claim to be the legal representatives of the decree holder have not produced the succession certificate to establish their right over the suit claim and even without ascertaining the rights of the parties, the Executing Court has passed an order of attachment which is per se illegal and not warranted in law and these factual and legal aspects of the matter have not been adverted to by the Executing Court in the manner known to law which has resulted in miscarriage of justice and therefore, prays for allowing the civil revision petition.