The petitioners/judgment debtors have projected this Civil Revision Petition as against the order dated 12.10.2009 in E.A.No.87 of 2008 in E.P.No.101 of 2003 in O.S.No.109 of 2001 on the file of the learned Subordinate Judge, Guidyattam, Vellore District.
2.The core contention of the revision petitioners is that the Executing Court while passing the order in E.A.No.87 of 2008 has fixed the upset price as Rs.8,50,000/- and while so fixing it has not adverted and appreciated the counter filed by the revision petitioners/judgment debtors in E.A.No.87 of 2008 and in the counter filed by the revision petitioners, the revision petitioners have clearly stated that the market value of the property at Modikuppam village which is in Survey No.176/4B1 to the extent of 3.75 acres valued about Rs.20,00,000/- and it has not been looked into by the Execution Court and there has been no discussion about the value projected by the revision petitioners in qualitative and quantitative manner and in short, the order passed by the Executing Court on 12.10.2009 in E.A.No.87 of 2008 is bereft of details and in short, it is a less speaking order and the same does not have 'the appearance of justice'.
3.It is to be noted that when a Court of Law deals with an application much less the present application in E.A.No.87 of 2008 filed under Order 21 Rule 66 of Civil Procedure Code must set out atleast the process of reasoning in panoromic spectrum but in the instant case on hand the same is conspicuously absent and suffice it for this Court to state that the order 'petition allowed. Upset price is fixed at the rate of Rs.8,50,000/-' is a non speaking and a cryptic one and since the revision petitioners are the affected persons, as aggrieved individuals they are entitled to project this Civil Revision Petition and on the simple ground of a non speaking or less speaking order passed by the Executing Court in E.A.No.87 of 2008 the same is deserves to be set aside and accordingly in the interest of justice this Court sets aside the order passed by the learned Subordinate Judge, in E.A.No.87 of 2008 in E.P.No.101 of 2003 in O.S.No.109 of 2001 dated 12.10.2009 and allows the Civil Revision Petition in the interest of justice.
4.In the result, the Civil Revision Petition is allowed. The order passed by the learned Subordinate Judge, in E.A.No.87 of 2008 in E.P.No.101 of 2003 in O.S.No.109 of 2001 dated 12.10.2009 is set aside. However the Executing Court is directed to deal with E.A.No.87 of 2008 afresh on merits and the same is to be disposed of by passing a reasoned order on merits taking note of the objection raised by the revision petitioners/judgment debtors and while disposing of the same, the trial Court shall pass orders dispassionately, uninfluenced with any of the observations made by this Court in this revision. Considering the facts and circumstances of the case, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
cla To The Subordinate Judge, Gudiyattam, Vellore District