The civil revision petition has been preferred impugning the fair and decreetal orders, dated 20.07.2017, made in E.P.No.40 of 2011 in O.S.No.6 of 2007, on the file of the Sub Court, Devakkottai.
2. It is found that first respondent / plaintiff had laid the suit for specific performance and succeeded in the suit. It is further seen that the appeal preferred by the defendants ended in dismissal. As against the Judgement and Decree of the Appellate Court, the defendants have preferred a second appeal before this Court. However, it is admitted that no stay has been granted in the second appeal and in such view of the matter, it is seen that there is no impediment on the part of the first respondent / plaintiff to execute the decree granted in his favour. Accordingly, it is found that in order to execute the decree, the first respondent / plaintiff has preferred an application in E.P.No.40 of 2011 and the Executing Court, after inviting the objections of the respondents concerned, finding that there is no impediment in the execution of the decree and the mere pendency of the second appeal would not operate as a bar for the execution of the decree, as such, ordered further proceedings in the execution petition. Impugning the same, the present civil revision petition has been preferred.
3. It is contended by the learned counsel for the petitioner that in view of the pendency of the second appeal as against the Judgement and Decree of the Court below, the Executing Court should not have ordered further proceedings in the execution petition. However, it is seen that when there is no stay granted by this Court in the second appeal for the execution of the Decree, the first respondent / plaintiff need not to wait till the disposal of the second appeal and he can proceed further in pursuance of the Decree granted in his favour. In such view of the matter, I do not find any error or mistake in the impugned order of the Court below.
4. Resultantly, the civil revision petition is dismissed. Consequently, connected civil miscellaneous petition is closed.
To:
The Sub Judge, Devakkottai.
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