(PRAYER: Revision filed against the Order passed in E.A.No.157 of 2005 in E.P.No.390 of 2004 in O.S.No.393 of 1998 dated 11.02.2005, on the file of the Subordinate Judge, Tirunelveli.)

When the CMP came up for hearing, by the consent of both parties, the main revision Petition itself has been taken up for hearing.

2. This revision is directed against the Order of the Subordinate Court, Tirunelveli made in E.A.No.157 of 2005 in E.P.No.390 of 2004 in O.S.No.393 of 1998, dated 11.02.2005, dismissing the Petition filed under Order 21, Rule 69 CPC and declining to adjourn the sale.

3. E.P.No.390 of 2004 in O.S.No.393 of 1998 was filed in execution of the mortgage in O.S.No.393 of 1998. The Mortgage Deed relates to six items of properties. The following dates are relevant to be noted: -

Date of Mortgage : 22.11.1993

Date of Preliminar Decree : 6.6.2002

Date of Final Decree : 10.06.2003

Date of Sale infavour of the Claimant : 10.01.1996

Date of filing claim Petition : 10.02.2005

4. The mortgaged six items of properties were sought to be sold. The Revision Petitioner/Claimant filed E.A.No.153 of 2005 under Order 21 Rule 58 CPC seeking declaration that the Petitioner is entitled to the s