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2013 Supreme(Mad) 244

G.RAJASURIA
N. Beratchi – Appellant
Versus
S. Karuppiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M. Ramu, Advocate.
For the Respondent: None.

JUDGMENT

1. This Civil Revision Petition has been filed to get struck off the Execution Proceedings in E.P.No.33 of 2012 in O.S.No.81 of 1997, on the file of the learned Sub Court, Sankarankovil.

2. Heard the learned Counsel for the revision petitioner.

3. The learned Counsel for the revision petitioner would echo the cri de coeur and heart burns of his client to the effect that the revision petitioner, being the judgment debtor in the E.P. has noted that the E.P. was filed beyond the period of twelve years; hence after the receipt of the E.P. notice, this Civil Revision Petition has been filed for quashing the E.P.

4. I would like to point out that necessarily, the revision petitioner should appear before the E.P. Court and file his objections based on limitation. Whereupon, the Executing Court is enjoined to give its verdict on the same. If the revision petitioner is aggrieved by that, it is open for him to file the Civil Revision Petition. Further, the Execution Court is also mandated to render its verdict as early as possible.

5. With the above observations, this Civil Revision Petition is dismissed. Consequently, the connected Miscellaneous Petition is dismissed.

No costs.



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