ORDER

This civil revision petition is filed as against the order passed by the learned IV Additional District Judge, Tirunelveli in E.A.No.2 of 2021 in EP.No.15 of 2015 in O.S.No.62 of 2014, dated 03.07.2021.

2.The petitioner had filed an application in E.P.No.15 of 2015 that the property described in the execution petition belongs to him. The respondent/decree holder filed the above suit in O.S.No.62 of 2014 as against one Jeyaravi for recovery of money and the same was decreed in his favour on 23.12.2014. The respondent/ decree holder subsequently filed an execution petition in E.P.No.15 of 2015 and also filed an application for attachment and sale of the immovable property of the judgment debtor Jeyaravi. The suit property, according to this petitioner, was purchased by him by way of a registered document on 20.06.2014, even before passing an order of attachment. He also filed an application to lift the attachment in E.A.No.56 of 2015, which was dismissed by the learned IV Additional District Judge, Tirunelveli on 30.07.2018. Therefore, the petitioner has filed a suit in O.S.No.352 of 2019 before the Principal Sub Court, Tenkasi under Order VII Rule 1 and Order XXI Rule 58 (5) CPC to set aside the attachment. The respondent/ decree holder has also appeared in the suit and filed his written statement. The respondent attempted to sell the attached property and therefore, the petitioner has filed the present application in E.A.No.2 of 2021 under Order XXI Rule 59 CPC to stay the sale, but it has been dismissed by the Court by its fair and decreetal order dated 30.07.2021. Aggrieved over the same, the present civil revision petition is filed along with a civil miscellaneous petition in CMP(MD)No.7763 of 2022 to receive certain documents on behalf of the petitioner and to mark them as Ex.P1 to Ex.P11 in the civil revision petition. This civil miscellaneous petition has also been taken up along with the main revision petition for hearing.

3.The learned Counsel for the petitioner submits that the disputed property originally belongs to one Jeyaravi/ the judgment debtor in O.S.NO.62 of 2014. The said Jeyaravi executed a settlement deed of the disputed property in favour of his wife Deivakani by registered document No.1106 of 2013, dated 21.03.2013. The said Deivakani in turn settled the property to her sister one Tamil Selvi, wife of one Periyasamy. This Periyasamy was a guarantor to a loan borrowed by Jeyaravi before the Tamil Nadu Mercantile Bank. The petitioner brother of Jeyaravi is said to have settled the dues of Periyasamy. Therefore, Tamil Selvi, wife of Periyasamy sold the disputed property to this petitioner by a registered sale deed on 20.06.2014, vide document No.2172 of 2014. In the meantime the respondent herein has filed the above suit in O.S.No.62 of 2014 against the judgment debtor Jeyaravi for recovery of money based on the promissory note executed by Jeyaravi. Jeyaravi remained ex-parte in the suit and therefore, the suit was decreed on 23.12.2014. Subsequently the respondent / decree holder filed an execution petition in E.P.No.15 of 2015 before the learned Additional District Judge, Tirunelveli on 23.04.2015 and also filed an application in E.A.No.56 of 2015 to attach the petitioner's property. The attachment was also ordered on 16.09.2015. The petitioner filed an application to resist the attachment. However, the same was dismissed on 30.07.2018. Thereafter the petitioner has filed the above suit in O.S.No.352 of 2019 before the Principal Sub Court, Tenkasi to set aside the attachment order under Order XXI Rule 58(5) CPC and the same is pending. Therefore, by referring the same, petitioner has filed the above petition in E.A.No.2 of 2021 under Order XXI Rule 59 CPC to set aside sale of the property and the same is dismissed that the petition mentioned property is advertised for sale in the execution petition, the petitioner could have filed the petition before the advertisement for sale and also on the ground