N LAKSHMI Vs. MUNUSAMY

JUDGEMENT

(1.) THE civil revision petitioner/petitioner/defendant has filed this civil revision petition as against the order dated 04.06.2008 in R.E.A No.121 of 2008 in R.E.P. No,3 of 2007 in O.S.No.18 of 2006 passed by the Learned District Munsif Court, Athur for dismissing the application filed under Order 21 Rule 69 of Civil Procedure Code praying to adjourn the sale by four weeks time.

(2.) THE executing Court while passing orders in R.E.A No.121 of 2008 has come to the conclusion that "already in regard to the property the auction proceedings have been taken and the hearing has been posted today and to drag on the Court auction proceedings an application has been filed and consequently has dismissed the application as not maintainable, without costs.

(3.) AS a matter of fact the order of the executing Court passed in R.E.A No.121 of 2008 dated 04.06.2008 refusing to postpone the sale by four weeks is an interlocutory one as per decision Kaveribai Ammal by Agent S.C. Narayana Rao Vs. B. Mehta and sons AIR 1924 Madras 234, and moreover, this Court also further opines that the granting or otherwise of adjournment relief is a discretionary one and viewed in that perspective the order of the executing Court passed in R.E.A No.121 of 2008 dated 04.06.2008 in refusing to postpone the sale by four weeks cannot be said to be an arbitrary and unjust one and in fact the same does not suffer from any serious infirmity or patent illegality and consequently the civil revision petition fails.