DURAISAMI Vs. RASAYAMMAL DIED

JUDGEMENT

(1.) RESPONDENTS 3 and 4 who were judgment-debtors 3 and 4 in E.P. No.185 of 1979 in O.S. No.817 of 1966 on the file of the learned District Munsif of Erode and the revision petitioners herein, challenging the order passed by the executing court on 20.1.1988 in the above matter, for its want of propriety and legality, under Sec.115 of the Code of Civil Procedure.

(2.) THE respondents 1 and 2 herein had obtained a simple money decree in the above suit O.S. No.817 of 1966 against Kumaraswany Gounder and others, including the respondents/ defendants 3 and 4, who are the revision petitioners herein on 27.9.1966. Subsequently, since the original parties to the suit, the decree holder dried, their legal representatives as shown in the execution petition were added and brought on record. An execution petition E.P.R. No.948 of 1967 was filed against the judgment-debtors, including the revision petitioners herein and whereupon, a sum of Rs.721.85 was recovered as part satisfaction, however, with the recording of the part satisfaction, the said execution petition was closed. Another execution petition E.P.R. No.201 of 1967 was filed for attachment of the petition mentioned properties which was taken on filed and for want of filing the sale papers, the said execution petition was dismissed making the attachment absolute for a period of three months from 23.5.1967 onwards. THE other execution petition was dismissed on 21.5.1968. For the recovery of the balance of the decretal amount and seeking attachment of the schedule mentioned properties and for sale as provided under 0.2:, Rules 54 and 66 of the Code of Civil Procedure", the present Execution Petition No.185 of 1979 was filed before the executing court by the decree-holders.

(3.) IN the context of the above position, the learned District Munsif, Erode, being the executing Court passed the impunged order under this revision on 20th January, 1988. The order passed by him runs as follows: