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2013 DIGILAW 2646 (MAD)

N. Kathirvel v. N. Kalimuthu Gounder

2013-07-25

K.RAVICHANDRA BAABU

body2013
JUDGMENT :- 1. This Civil Revision Petition is filed against an order made in E.P.No.373 of 2006 in O.S.No.488 of 1989 on the file of the IInd Additional Subordinate Judge, Coimbatore thereby allowing the execution petition and directing registration of sale deed by 05.09.2012. 2. The first defendant in the said suit is the petitioner in this Civil Revision Petition. The said suit was filed for specific performance wherein a decree was passed in favour of the plaintiffs on 03.01.2006 directing the defendants to execute the sale deed within a month. As the defendants did not come forward to execute the sale deed as directed by the Court, the plaintiffs filed the execution petition seeking for execution of the sale deed as per the decree. The said execution petition was resisted by the judgment debtors by contending that the decree passed is an exparte one and they have taken steps to set aside the same. However the Court below found that nothing was placed by the judgment debtors to show that they have taken steps to set aside the exparte decree. Accordingly the Court has allowed the E.P. and directed the registration of the sale deed by 05.09.2012. The said order is under challenge before this Court. 3. The learned counsel appearing for the petitioner fairly submitted that in pursuant to the order passed by the Court below, registration was also taken place and consequently the E.P. came to be terminated later. 4. Considering the said submission and also considering the fact that the Court below has rightly allowed the E.P. taking note of the fact that on the date of passing the said order nothing prevented the Execution Court to allow the E.P. Thus, I find no merits in the Civil Revision Petition and the same is liable to be dismissed. 5. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.