KANAKAMANI Vs. KITTAN ALIAS KITTUSAMY

JUDGEMENT

(1.) THE above Civil Revision Petition is directed against the fair and decretal order dated 4.8.2003 made in E.P.No.354 of 2001 in O.S.No.737 of 1994 by the Court of I Additional Subordinate Judge, Erode.

(2.) TRACING the history of the above Civil Revision Petition coming to be filed before this Court, what comes to be known is that the petitioner as the plaintiff has filed the suit in O.S.No.737 of 1994 before the Court below for specific performance and alternatively for the return of the advance amount paid towards the intended purchase of the property in question; that the trial Court has declined to pass the decree for specific performance but alternatively ordered for the return of the advance amount in favour of the petitioner/plaintiff; that at this juncture, the petitioner is filing this application under Order 21 Rule 11(2) C.P.C for attaching the property and for bringing the same for auction, which has not been agreed by the trial Court and hence on a clear finding it has dismissed the application, it is only testifying the said fair and decretal order the petitioner/plaintiff has come forward to file the above Civil Revision Petition on certain grounds as brought forth in the grounds of revision.

(3.) IN consideration of this fact, while this Court declining to order the above Civil Revision Petition particularly because the petitioner has confused the whole lot conjoining the other property which is the land assigned by the Government to the downtrodden people which cannot be given at all, still, with the above plea made, this Court is of the view to give liberty to the petitioner to separate the property in S.No.21/3, which is said to be purchased by the respondent on outright sale and the lower Court shall entertain such an application if and when the petitioner files, applying the legal parameters,and proceed with the same in accordance with law so as to arrive at the decision in a valid manner. IN result, (i) subject to the above observations, the above Civil Revision Petition is disposed of; (ii) however, in the circumstances of the case, there shall be no order as to costs; (iii) consequently, C.M.P.No.15655 of 2003 is closed.