SAHAYAMARY JEYARANI Vs. RETHINASAMI

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the order passed in E.A.No.9 of 2017 in E.A.No.282 of 2011 in E.P.No.40 of 2004 in O.S.No.58 of 1997 dated 04.04.2017 by the District Judge, Kanyakumari District at Nagercoil.

(2.) E.A.No.9 of 2017 was filed by the first respondent herein and the revision petitioner is the fifth defendant in the suit has filed E.A.No.282 of 2011. The petitioner as fifth defendant has contended that in the execution petition, his address was wrongly given by the auction purchaser and the decree holder purposely and she is not residing in the address mentioned in the execution petition and other proceedings, her actual residential address is not at all given and her actual residential address is Sahayamary Jeyarani, D/o.Stanislas, 11/153, Chonachivilai, Theruvukadai and Post, Midalam Village, Vilavancode Taluk, Kanyakumari District.

(3.) In order to prove her correct residential address, the petitioner/fifth defendant has produced attested copy of Adhar Card and Ration Card etc. Further, it is stated that the petitioner/fifth defendant is one of the Trustees of the third respondent Trust. It is further contended that pursuant to the exparte decree in O.S.No.58 of 1997 on the file of the District Judge, Kanyakumari District dated 07.04.2000, the second respondent filed E.P.No.40 of 2004 for realization of decree amount of Rs.18,17,989/-. After hearing both sides, the District Judge, Kanyakumari District fixed upset price at Rs.22,03,000/- for proclamation of sale on 23.02.2010. Thereafter, auction was conducted and the schedule of properties sold in favour of the first respondent for a sum of Rs.22,03,000/- and the sale was confirmed by the learned District Judge on 08.01.2011. Thereafter, the first respondent filed E.A.No.282 of 2011 for delivery of properties and the same was allowed on 04.09.2013. It is further contended that the petitioner only came to know that the trust properties sold through court auction, she filed E.A.No.9 of 2017 to set aside the order made in E.A.No.282 of 2011 dated 04.09.2013 and E.A.No.10 of 2017 has been filed to stay all further proceedings in E.A.No.282 of 2011 till the disposal of E.A.No.9 of 2017.