Venkatachalapathy v. Rajalakshmi @ Susila & Others
2009-10-28
M.VENUGOPAL
body2009
DigiLaw.ai
Judgment :- The civil revision petitioner/third party has filed the present civil revision petition as against the order dated 02.02.2009 in E.P.No.50 of 2008 in O.S.No.285 of 1995 passed by the Learned Principal District Court, Coimbatore. 2. The grievance of the civil revision petitioner/third party is that, the order passed by the Learned Principal District Judge, Coimbatore dated 02.02.2009 in E.P.No.50 of 2008 in ordering the sale notice without disposing of, the pending E.A.No.11 of 2009 in E.P.No.50 of 2008 is not correct in law and in fact before passing an order the sale notice on 02.02.2009, and an enquiry ought to have been conducted by the Learned Principal District Judge in E.A.No.11 of 2009 and only thereafter the subject matter of the property in E.P.No.50 of 2008 can be brought for auction and thereafter prays for allowing the civil revision petition in the interest of justice. 3. It is not in disputed that E.A.No.11 of 2009 is pending on the file of Learned Principal District Judge of Coimbatore in E.P.No.50 of 2008 filed under Section 47 of the Civil Procedure Code and as on the date of passing of the E.P.No.50 of 2008 dated 02.02.2009 the said E.A.No.11 of 2009 has not been disposed of. 4. In view of the fact that E.A.No.11 of 2009 filed by the revision petitioner under Section 47 of the Civil Procedure Code is pending before the Learned Principal District Judge, Coimbatore and on date when the sale notice has been ordered on 02.02.2009, admittedly the E.A.No.11 of 2009 has not been disposed of by the Learned Principal District Judge, Coimbatore and on the basis of Equity, Fairplay, Good Conscience and even as a matter of prudence, this Court directs the Learned Principal District Judge, Coimbatore to take up the E.A.No.11 of 2009 for hearing and if, counter is not filed by the respondents/plaintiffs then the respondent/plaintiff may be directed to file counter to E.A. No.11 of 2009 and after hearing both parties, provide them due opportunities to dispose of the case on merits in accordance with law within a period of two weeks from the date of receipt of the copy of this order. In the result, this civil revision petition is disposed of without cost. Consequently, connected M.P.No.1 of 2009 is closed.