M JANAKIRAMAN Vs. JAGADEESWARI, NARAYANI

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.) It is to be noted that in the main suit in O.S. No. 80 of 2004 on the file of the trial court, an exparte decree dated 23.03.2005 has been passed against the revision petitioner and the second respondent, namely the wife of the revision petitioner. It transpires that earlier the revision petitioner has filed E.A.No. 27 of 2006 praying the Executing Court to stay of further proceedings of the decree in O.S. No. 80 of 2004 till the judgment debtor obtains a copy of fair and in decreetal order preferring an appeal and the same after contest has since been dismissed on 06.11.2007. As against the said order passed in E.A. No. 27 of 2006 the revision petitioner and his wife have not initiated further proceedings before the higher forum.