Judgment :- This Civil Revision Petition has been preferred against the fair and decreetal Order, dated 13.02.2008 made in E.A.No.280 of 2007 in E.P.No.50 of 2004 in O.S.No.63 of 1998 on the file of the Sub-Court, Attur. 2. The revision petitioner herein had filed the Execution Application before the court below under Section 47 of the Code of Civil Procedure for redelivery of possession of the schedule of property therein. 3. It is not in dispute that the respondent herein filed the suit in O.S.No.63 of 1998 against the revision petitioner, seeking a decree for specific performance based on an agreement of sale, dated 111. 2004. The trial court, granted only the alternate remedy, directing the revision petitioner / defendant to return the advance amount / sale consideration of Rs.1,70,000/- with interest and costs. It is not in dispute that the subsequent interest was decided only at 6% p.a. Then the respondent / decree holder filed the Execution Petition, pursuant to the decree obtained by him. 4. As contended by Mr.S.R.Balasubramanian, learned counsel appearing for the respondent herein, the revision petitioner cannot challenge the decree before the Executing Court. It is not in dispute that the decree passed in O.S.No.63 of 1998 reached its finality. 5. Considering the order passed by the court below, I could find no error or infirmity in the impugned order to be interfered with, however, the learned counsel appearing for the respondent / decree holder has no objection in granting a reasonable time for the revision petitioner to pay and settle the dues with subsequent interest and learned counsel appearing for the revision petitioner has accepted the same on behalf of the revision petitioner. Accordingly, the conditional order is passed. 6. This Civil Revision Petition will be allowed on payment of the entire amount due and payable, as per the Execution Petition with subsequent interest and costs, on or before 110. 2008. If the order is complied with, the revision petitioner is entitled to get redelivery of possession of the property. If the revision petitioner failed to comply with, this Civil Revision Petition shall stand dismissed automatically, without any further reference to this Court and the respondent / decree holder will be at liberty to proceed further and execute the E.P. In such circumstances, the court below shall complete the E.P and pass final orders, within 30 days from 110. 2008. 7.
2008. 7. With the above directions, this Civil Revision Petition is disposed of. No order as to costs. Consequently, connected miscellaneous petition is closed.