This civil revision petition, at the instance of the plaintiff/decree-holder/ auction-purchaser in O. S. No. 116 of 1967, City Civil Court, Madras, is directed against the order of the Court below in E. A. No. 5 of 1970 in M. C. C. C. O. S. No. 116 of 1957, dismissing an application filed by him under Order 21, rule 95, Code of Civil Procedure, praying for delivery of possession of the property.

2. The circumstances giving rise to the civil revision petition may be stated as under: The respondent herein executed a promissory note in favour of petitioner on 1st January. 1964 on the footing of which O. S. No. 116 of 1967 on the file of the City Civil Court, Madras, was instituted by the petitioner and a decree therein was also passed in his favour on 11th November, 1968. With a view to realise the amounts due under the decree so obtained, the petitioner filed on 31st August, 1970 E. P. No. 5 of 1970 for attachment and sale of the immovable property belonging to the respondent. On 5th

October, 1970, the property of the respondent was attached and the petitioner after obtaining (in E. A. No. 302 of 1972) from Court leave to bid and set off, became the purchaser of the property