M. Duraiswamy, J. - (1.) C .R.P.(MD).No. 2091 of 2014 arises against the order in E.A. No. 154 of 2013 in E.A. No. 321 of 2011 in E.P. No. 220 of 2000 in O.S. No. 213 of 2000 on the file of the Sub Court, Srivilliputhur. The third party/petitioner has filed the above civil revision petition.
(2.) C .R.P.(MD).No. 2139 of 2014 arises against the order dated 28.08.2014 made in E.A. No. 321 of 2011 in E.P. No. 220 of 2000 in O.S. No. 213 of 2000 on the file of the Sub Court, Srivilliputhur. The third party/petitioner has filed the above civil revision petition. Pursuant to the decree passed in O.S. No. 213 of 2000, the property of the judgment debtor was brought to sale. The first respondent purchased the property in the Court auction and the sale was confirmed in his favour. The sale was conducted on 30.07.2007. Thereafter, the revision petitioner filed an application in E.A. No. 154 of 2013 to stay the application in E.A. No. 321 of 2011 till the judgment debtor pays a sum of Rs.2,92,640/ - to her. According to the revision petitioner, the judgment debtor executed a simple mortgage in respect of the property which was purchased by the first respondent. Pursuant to the auction held on 30.07.2007, the auction purchaser filed E.A. No. 321 of 2011 for taking possession of the property.
(3.) IT is also brought to the notice of this Court that the revision petitioner/mortgagee has filed a separate suit based on the simple mortgage as against the judgment debtor. When the mortgage executed by the judgment debtor was a simple mortgage, the revision petitioner cannot claim that she is in possession of the property. The present application E.A. No. 321 of 2011 was filed by the auction purchaser to deliver of the possession of the property, pursuant to the auction held on 30.07.2007. When the suit filed by the revision petitioner is pending, the remedy available to her is to get a decree in that suit and execute the same. She cannot stand in the way of auction purchaser taking possession of the property. The Execution Court has rightly dismissed the application filed by the revision petitioner. Therefore, CRP(MD).No. 2091 of 2014 is dismissed.;