T M BHOOPATHY Vs. UMMUHABEEBA

JUDGEMENT

(1.) This Civil Revision Petition has been preferred under Section 115 of the Code of Civil Procedure, challenging the order and decretal order dated 26.6.2012 made in E.A. No. 488 of 2011 in E.P. No. 2609 of 2007 in O.S. No. 2192 of 2003 on the file of the IX Asst. Judge, City Civil Court, Chennai. The petitioner herein is the Judgment-Debtor and it is seen from the impugned order that the Execution Application in E.A. No. 488 of 2011 was filed by the respondent herein as decree-holder against the revision petitioner/judgment-debtor under Order 47 Rule 1(b) CPC to review the order passed in the Execution Petition in E.P. No. 2609 of 2007 and to allow the said E.P.

(2.) As per the decree, dated 11.2.2012 made in O.S. No. 2192 of 2003, the VI Assistant Judge, City Civil Court, directed the revision petitioner herein to pay a sum of Rs. 1,07,500/- with interest on the principal amount, Rs. 75,000/- at 24% p.a. from the date of the plaint till the date of decree and 6% subsequent interest thereafter till the payment is made with costs to the respondent/decree-holder, who was the second plaintiff in the suit. Appeal preferred by the revision petitioner/defendant in A.S. No. 110 of 2006 was dismissed by the Appellate Court, by its Judgment, dated 3.2.2007.

(3.) Pursuant to the Judgment and Decree, the respondent herein filed Execution Petition in E.P. No. 2609 of 2007, under Order 21 Rule 43 and 64 CPC and sought attachment of sale of movable properties that were available at the residence of the Judgment-Debtor to realise the decree amount with interest and costs.