The petitioners/defendants/judgment debtors have projected this Civil Revision Petition as against the order dated 07.10.2009 in E.A.No.172 of 2009 in E.P.No.49 of 2008 in O.S.No.22 of 2001 passed by the learned Subordinate Judge, Poonamallee in rejecting the application filed by the revision petitioners under Order 21 Rule 90 of the Civil Procedure Code praying to anal the sale.
2.The legal position is as against the order passed in E.A.No.172 of 2009 in E.P.No.49 of 2008 by the Executing Court dated 07.10.2009 only an appeal lies before the competent forum and viewed in this perspective, the Civil Revision Petition filed by the petitioners is not maintainable and accordingly, the same is dismissed without costs.
3.In the result, this Civil Revision Petition is dismissed as not maintainable without costs. However, it is open to the revision petitioners to file an appeal against the order passed in E.A.No.172 of 2009, dated 07.10.2009 before the competent forum in the manner known to law if so advised.
4.The Registry is directed to return the certified copy of the order passed in E.A.No.172 of 2009 to the learned counsel for the petitioners on condition that the petitioners shall substitute the original copy with that of the xerox copy and after receiving the same, the Registry shall keep the xerox copy of the same for its necessary purpose. Consequently, the connected M.P.No.1 of 2009 is closed.
mps To The Subordinate Judge, Poonamallee