V.BHAVANI SUBBAROYAN
S. Vasanthi – Appellant
Versus
K. Munuswamy – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 01.12.2018 passed by the Subordinate Court, Dharmapuri in E.A.No.50 of 2016 in E.P.No.7 of 2016 in O.S.No.261 of 2014.)
1. This Civil Revision Petition has been filed against the fair and decreetal order dated 01.12.2018 passed in E.A.No.50 of 2016 in E.P.No.7 of 2016 in O.S.No.261 of 2014 on the file of Subordinate Court, Dharmapuri.
2. The suit was filed by the 1st respondent/plaintiff to execute a sale deed in favour of him by the 2nd respondent/defendant and in case of failure of the defendant to execute the sale deed in favour of the plaintiff, to execute the same through the Court on behalf of the defendant.
3. The defendant was set exparte before the Court below and the Court below by decree and order dated 13.01.2015 had allowed the suit in favour of the 1st respondent/plaintiff as prayed for. The decree holder had filed R.E.P.No.7 of 2016 praying for execution of the decree and judgment. When the execution petition was pending, an obstruction petition in R.E.A.No.50 of 2016 was filed by the petitioners herein under Order 21 Rule 9
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