This Civil Revision Petition has been filed against the order passed by the Execution Court, dated 13.04.2016, in E.A.No.88 of 2016 in E.P.No.69 of 2015 in O.S.No.330 of 1969 on the file of the Principal District Munsif Court, Kuzhithurai, allowing the amendment application. The Revision Petition is on the ground that the finding of the Lower Court that allowing the amendment Petition will not affect the right of the Revision Petition is perverse and illegal, since the Court below has failed to see that already an appeal is pending against the supplementary preliminary decree. Therefore the respondents should have waited till the disposal of the appeal and before disposal of the appeal, entertaining the amendment petition is prejudicial to the Revision Petitioner.
2.The main grievance expressed by the Revision petitioner is that when the appeal preferred by the aggrieved party against the decree is pending, the Execution Court ought not to have allowed amendment petition in Execution Petition, since it is subject to the out come of the appeal preferred against the supplementary Preliminary decree.
3.In so far as A.S.No.136 of 2015, is concerned, it is an appeal preferred against the preliminary decree in which I.A.No.263 of 2015 has also been filed for stay of further proceedings. It is now ascertained from the Court concerned about the stage of the appeal and I.A filed along with that. The learned Subordinate Judge, Kulithurai has informed this Court that within a month time I.A.No.263 of 2015 in A.S.No.136 of 2015 will be disposed of.
4.Once, I.A., is disposed of and A.S is also taken up for final disposal, the entire execution petition will be subject to the outcome of the appeal. Therefore, there is no purpose in keeping this Revision Petition pending except to direct the Execution Court not to proceed with Execution Petition till the disposal of the I.A.No.263 of 2015 in A.S.No.136 of 2015.
5.With the above direction this Civil Revisioon Petition is disposed of. No Costs.
To The Principal District Munsif Court, Kuzhithurai.
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