A.C.ARUMUGAPERUMAL ADITYAN
Embassy Hotels(P) Ltd, represented by its Managing Director, Coimbatore – Appellant
Versus
Benjamin Proprietor of Nirmala Industries, The Nilgiris District – Respondent
This revision has been directed against the order passed in E.A.No.1075 of 2007 in E.P.No.1 of 2007 in O.S.No1538 of 1980 on the file of the Court of II Additional Subordinate Judge, Coimbatore. The said application was filed under Order 21 Rule 26 r/w Section 151 CPC to stay the execution of the decree passed in a suit for specific performance of contract. The learned Executing Court had dismissed E.A.No.1075 of 2007 on the ground that the applicant had already moved the Honourable Apex Court in second appeal for grant of stay in which the Honourable Apex Court have passed a conditional order directing the applicant in E.A.No.1075 of 2007/Judgment debtor/11th defendant in O.S.No.1538 of 1980 to deposit a sum of Rs.2.5 Lakhs every month from 9. 2004 and to continue his possession over the petition schedule property in E.P.No.1 of 2007 which is the subject matter in O.S.No.1538 of 1980. But the revision petitioner/applicant in E.A.No.1075 of 2007 has not complied with the orders of the Honourable Apex Court in petition for Special Leave to appeal (Civil) No.24707 of 2002 dated 9. 2004. Since the revision petitioner herein had failed to comply with the conditional order pa
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