Heard the learned counsel appearing for the revision petitioner who is not a party in O.S.No.195 of 2000 on the file of the Court of First Additional Subordinate Judge, Erode. To execute the decree in O.S.No.195 of 2000, the plaintiff has filed E.P.No.113 of 2004. It is admitted by the learned counsel for the revision petitioner that after A.C.ARUMUGAPERUMAL ADITYAN,J sg passing of the decree, he had purchased the property belonging to the Judgment Debtor/defendant in O.S.No.195 of 2000. Under such circumstances, I am of the view that this revision petitioner has no locus standi to question E.P.No.113 of 2004 in O.S.No.195 of 2000.
2. The grievance of the learned counsel for the revision petitioner is that an order of attachment was passed in E.P.No.113 of 2004 in O.S.No.195 of 2000 by the learned Execution Court without even observing that the sale taken by the revision petitioner was hit by lis pendens . If the revision petitioner had got any grievance, he has to take appropriate proceedings to set aside the decree passed in O.S.No.195 of 2000, if he is so advised. Under such circumstances, I do not find any reason to admit this revision.
3. In fine, this civil revision is dismissed at the admission stage itself. Consequently, connected M.P.No.1 of 2009 is also dismissed.
03.04.2009 Index:Yes/no Index:yes/no sg Note:Issue order copy today(3.4.2009) To the First Additional Sub Court, Erode C.R.P(NPD)No.604/2009 03.04.2009 C.R.P(NPD)Nos.783 &784/2009 A.C.ARUMUGAPERUMAL ADITYAN,J In fine, this civil revision petitions are allowed and the order passed by the first appellate Judge in C.M.A.No. 13 of 2008 in I.A.No.1137 of 2007 in O.S.No.908 of 2007 and C.M.A.No.11 of 2008 in I.A.No.1138 of 2007 in O.S.No.908 of 2007 respectively on the file of Additional District Munsif No.1, Salem is set aside only in respect of the direction regarding the removal of the plaint from the file of the learned trial Judge. The learned trial Court is directed to restore O.S.No.908 of 2007 on its file, after restoration, the defendants are entitled to file a petition under Order 7 Rule 11 of CPC for rejection of the plaint. On such filing of the petition, the learned trial Judge is directed to consider the petition filed under Order 7 Rule 11 of CPC filed by the defendants and dispose of the same in accordance with law, within a period of two months thereafter.No costs. Consequently, connected MPs are closed.
03.04.2009sg