R VIJAYA Vs. A MOHANRAJ

JUDGEMENT

(1.) THE defendant in O.S.No.595 of 2005 on the file of the District Munsif Court, Namakkal is the revision petitioner.

(2.) THE respondent filed the above suit for recovery of a sum of Rs.84,840/- and the suit was decreed. During the pendency of the suit, the respondent/plaintiff filed an application in I.A.No.1587 of 2005 for attachment of the property giving survey numbers, extent and boundary and attachment before the judgment was ordered and after decree was passed on 05.12.2005, the respondent/plaintiff filed an application to bring the property for sale and the sale was conducted and the property was purchased by one K.Arumugam in the Court auction held on 24.10.2007. THE sale was also confirmed in favour of the auction purchaser. THEreafter, the respondent/plaintiff filed I.A.No.535 of 2010 in I.A.No.1587 of 2005 stating that inadvertently wrong survey number was given in the application for attachment of the property before the judgment and therefore the schedule of property in the application filed in I.A.No.1587 of 2005 has to be amended and that application was allowed by the Court below and aggrieved by the same, this revision is filed by the revision petitioner.

(3.) I am unable to accept the contention of the learned counsel for the respondent. Admittedly, the property was attached before the judgment and thereafter, the property was brought for sale and it was purchased by the auction purchaser as per the schedule given in I.A.No.1587 of 2005. The property is comprised in S.No.445, 444/2, T.S.Nos.2/1, 2A1, 2A2, 2A3, 2B, with specific measurement and boundaries and total extent is 1420 sq.ft. In E.P.167 of 2007, which has been filed to execute the decree, the same extent was given with the same survey numbers. Now in this application, the respondent wants to delete S.Nos.444/2 T.S.Nos.2/1, 2A1, 2A2, 2A3 and 2B and to substitute T.S.Nos.2/2A1A.