The revision petitioner in the earlier round of litigation in Tr.CMP(MD)No.77/2014, has sought the indulgence of this Court to transfer E.P.No.5 of 2012 in O.S.No.168 of 1989 from the file of the Sub Court, Pudukottai, to appropriate Court in Tiruchirappalli.
2.This Court considering the grievance of the petitioner, has passed the following order in Tr.CMP(MD)No.77/2014 dated 16.06.2014:-
''In view of the grievance expressed by the petitioner, this Transfer Petition is allowed. E.P.No.5 of 2005 in O.S.No.168 of 1989 is ordered to be transferred from the file of the Sub Court, Pudukkottai to the file of the Principal Sub Court, Trichirappalli, and the learned Principal Sub Judge, Trichirappalli, shall dispose of the execution proceedings as expeditiously as possible. The learned Sub Judge, Pudukottai, is directed to transfer the entire execution proceedings immediately to the Principal Sub Court, Trichirappalli. No costs.''
3.It is now transpired from the submission of the revision petitioner that pursuant to the above direction, two lots of properties, one situated within the territorial jurisdiction of Trichy and the other situated within the jurisdiction of Pudukottai were brought for auction. However, it could not fructify due to high upset price and he has approached the Court to fix the lesser upset price than Rs.12 lakhs. Now, it appears from the record that the Execution Court has fixed the upset price as Rs.10 lakhs.
4.The grievance of the petitioner is that though there is a specific direction by this Court to expedite the execution proceedings in Trichy, his proclamation papers were returned with an endorsement, saying that in respect of lots 2 and 3, the property is situated within the district of Pudukottai. Hence, proclamation could not be affixed and has directed the revision petitioner to pay necessary batta for sale proclamation in respect of lot 1. Aggrieved by that, the revision petitioner wants all the three lots to be brought into auction on the same day and by the Court at Trichy.
5.The order of the Sub Court, Trichy, though restricts the revision petitioner to proceed with lot 1, it is not precluded him from proceeding with other 2 lots. Therefore, the revision petitioner after subjecting lot 1, for Court auction and if he is not able to realise the decree amount or if there is any shortfall in realisation of the decree amount, he is at liberty to proceed against lots 2 and 3. The Execution Court at Trichy shall proceed with such application as per the direction of this Court passed in Tr.CMP(MD)No.77/2014 dated 16.06.2014. It is open to the Execution Court to adopt the procedure under law in fixing the upset price for each lot and then proceed.
This Civil Revision Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
To The 1st Additional Sub Judge, Trichy..