AI Structured Summary
Not yet generated for this judgment
Judgment
Honourable Mr. Justice G. Rajasuria
Heard both the sides. The germane facts absolutely necessary for the disposal of this Civil Revision Petition would run thus:
Learned counsel for the Revision Petitioners/judgment debtors, who are the defendants 14, 17 and 18 in the suit, by placing reliance on the grounds of revision would put forth and set forth his argument, thus:
The final decree was passed by the Additional District Judge, Pondicherry at Karaikal. The said decree was got transferred to the Court of Principal Subordinate Judge, Thanjavur. Whereupon the decree holder/plaintiff filed E.P. No. 116 of 2011 to take delivery of the property as per the final decree. On receipt of the E.P. notice, the Revision Petitioners herein filed their counter whereupon, the Court passed delivery rejecting the contentions of the Revision Petitioners. Hence this Revision.
The description of the property in the E.P. is not in commensurate with the final decree. Even though the final decree mandated that a sum of Rs. 93,334/- is payable, yet there was no compliance with it. It appears that 2 + years after the final decree, the plaintiff purported to have paid the said sum of Rs. 93,334/- to the former counsel for the defendants concerned, by approaching the Additional District Judge, Pondicherry at Karaikal. The said Advocate was not competent to receive that amount at all. But it seems that he received it without any authority and the Court also did not take into account the said fact. So far the legal heirs of the second respondent have not deposited the another sum of Rs. 93,334/- contemplated in the final decree.
Accordingly, the Revision Petitioners pray for setting aside the order of delivery passed by the Executing Court.
Per contra, the learned counsel for the first respondent/plaintiff/decree holder would pyramid his arguments by putting forth and setting forth his arguments thus:
The Executing Court is bound to execute the decree as such. If at all the Revision Petitioners/defendants 14, 17 and 18 had any grievance, they ought to have approached the Appellate Court, but they have not done so. The Executing Court cannot go beyond the parameters of the final decree. Hence there is no perversity or illegality in the order passed by the Lower Court.
The point for consideration is as to whether there is any illegality or impropriety in the order passed by the Executing Court.
At the outset, I would like to point out that there is force in the argument of the learned counsel for the Revision Petitioners as in the schedule of property found set out in the E.P., there is misdescription that instead of "west" the word "south" is found specified therein and in such a case, it is for the decree holder to take appropriate steps to get the E.P. amended by giving notice to the other side and it is for the Court to do the needful.
Apart from that, the contentions raised on the side of the Revision Petitioners cannot be countenanced by this Court as the Executing Court can not be called upon to decide anything about the decision taken by the Court which passed the final decree. Even the Executing Court cannot decide on the fact as to whether the Additional District Court, Pondicherry at Karaikal, was justified in permitting the plaintiff to deposit the said sum of Rs. 93,334/- belatedly, that is 2 + years after the final decree. If the Revision Petitioners had any grievance, they ought to have approached the Additional District Judge, Pondicherry at Karaikal or they should have agitated that order before the higher forum concerned as per law. Hence, I see no perversity or illegality in the order passed by the Executing Court. To the risk of repetition and pleonasm, I would like to point out that the decree holder should take steps to get the necessary description of the property amended in the E.P. after giving notice to judgment debtors. With the above observations, the Civil Revision Petition is disposed of.
Consequently, the connected miscellaneous petition is closed. No costs.