Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 538 (MAD)

K. Shanthi v. K. Selvam

2013-01-24

G.RAJASURIA

body2013
JUDGMENT 1. This Civil Revision Petition has been filed to get set aside the order dated 04.12.2012 passed in E.P.No.27 of 2012 in O.S.No.118 of 2008, by the learned Additional District Judge cum Fast Track Court No.1, Thanjavur. 2. Heard the learned Counsel for the revision petitioner who would echo the cri de coeur and heart burns of his client to the effect that the Executing Court simply passed the following order: "4.12.12: Draft Sale deed checked and found correct. Execute and register the sale deed. C/o.8-12-12." without even giving any direction to the Judgment Debtor to execute the sale deed as per the decree. Over and above that, according to the learned Counsel for the revision petitioner, the appeal was filed as against the original decree for specific performance, but no stay was granted by the appellate Court. The grievance of the revision petitioner is also that the draft sale deed was not served on him. 3. I would like to point out that his grievance that the draft sale deed was not served on him, deserves to be considered. His submission that there should have been a direction to him to execute the sale deed, is not well founded as per law. Once notice in the E.P. is served on him and despite that if he keeps quiet, the question of further directing the judgment debtor to execute the sale deed does not arise. Wherefore, I could find no merit in this Civil Revision Petition. 4. Accordingly, this Civil Revision Petition is dismissed with a direction to the Executing Court to serve the draft sale deed on the judgment debtor and hear him before executing the sale deed. Consequently, the connected Miscellaneous Petition is closed. No costs.