- (1.) THIS civil revision petition has been filed to call for records in pursuant to the fair and decretal order, dated 13.08.2012, made in E.A. No. 3 of 2012 in E.P. No. 87 of 2008 in O.S. No. 1 of 2008, passed by the learned Additional District Munsif, Karaikudi and to set aside the same.
(2.) THE petitioner is the third party, auction purchaser. The first respondent is the Judgment Debtor and the second respondent is the Decree Holder.
(3.) THE second respondent filed O.S. No. 1 of 2008 on the file of Additional District Munsif Court, Karaikudi, against the first respondent for recovery of money. The first respondent remained ex -parte and ex -parte decree was passed on 21.07.2008. As the first respondent did not pay the amount decreed, the second respondent filed E.P. No. 87 of 2008 for recovery of a sum of Rs. 91,297/ -, being the amount decreed, interest and cost awarded by attachment and sale of the first respondent's immovable property mentioned therein. In the E.P., notice was issued to the first respondent. The first respondent entered appearance through his counsel. The first respondent did not file any counter affidavit. Hence, he was set ex -parte and the E.P. was proceeded for sale of the immovable property belonging to the first respondent.;