SELVARAJ Vs. J. CYRIL SELVARAJ

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the order passed in E.P. No. 41 of 2014 in O.S. No. 240 of 2010.

(2.) The execution petition was filed by the respondent/decree holder for recovery of money from the petitioner/judgement debtor with future interest and cost. On 10/8/2013, decree was passed and as per decree, the petitioner herein has to pay a sum of Rs.6,58,050.00 towards the suit claim with interest and cost. Hence, the respondent/decree holder has filed the execution petition claiming the said decree with cost along with interest till realisation of the said amount.

(3.) The petitioner /judgment debtor has filed his counter affidavit before the Executing Court, contended that he has preferred the appeal against the Judgment and Decree passed in O.S. No. 240 of 2010 before the learned Subordinate Judge, Nagercoil. Since the said appeal is pending, the present Execution Petition was filed by the respondent/decree holder is not maintainable. It is also contended that the entire matter has been settled between one G. Panner Selvam and the respondent/decree holder, only to blackmailing the petitioner/judgment debtor, the execution petition was filed without impleading an another defendant namely Panneer Selvam. It is further contended that there was a collusion between the said Paneer Selvam and the respondent/decree holder herein. The execution petition is not maintainable because of non-joinder of Paneer Selvam and he is a necessary party to the execution petition. The further contention raised by the petitioner herein that he is not having any cash to discharge his debt. It is utterly false to say that the petitioner/judgment debtor is having sufficient means to pay the amount.