1. Inveighing the order dated 8. 2009 passed in REP No.56 of 2008 in O.S.N.17 of 2005 by the Subordinate Court, Tiruchengode. (R.E.P.No.23 of 2007 in O.S.No.17 of 2005-Sub-Court, Namakkal)., this civil revision petition is focused.

2. Heard the learned counsel for the petitioner.

3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this revision petition would run thus:

The revision petitioner herein by way of executing the decree in O.S.No.17 of 2005 filed the REP.No.56 of 2008 with the following prayer:

"to execute a sale deed in favour of the petitioner under Order XXI Rule 34 of C.P.C.on behalf of the respondent/J.Ds.register the same and thereby order to deliver the possession of the properties detailed in the schedule hereunder or alternatively to direct the respondent/J.D.to pay the advance amount Rs.2,00,000/- and damages of Rs.40,000/- with interest at the rate 9% for p.a.from the date of suit and realisation."

Whereupon the Court ordered notice and it was sent to the respondent. The respondent, after entering appearance filed the counter contending that along with the notice the draft sale deed was not s