Full Judgment
2. Heard both sides.
3. The short facts niggard of unnecessary details for the disposal of this civil revision petition would run thus : The respondents herein obtained a decree for declaration of title and for recovery of possession as against the revision petitioner herein. As against the said decree, appeal was filed by the revision petitioner. Subsequently it appears the said appeal was dismissed for default. In the meanwhile, in the E.P.filed, the revision petitioner/ judgment debtor/D1 filed counter. However, he was set exparte and delivery order was passed. Subsequently E.A was filed to get set aside the exparte order of delivery passed in the EP but the lower court dismissed the E.A. Being aggrieved by and dissatisfied with the same, this revision has been filed on various grounds.
4. The learned counsel for the revision petitioner/judgment debtor/defendant-1 would portray and parody the relevant facts to the effect that as of now the appeal also was got restored and it is pending before the Appellate Court viz., the Sub Court, Kancheepuram and in the meanwhile, if delivery is effected then the appeal itself would become infructuous and his available right to get the matter processed will end in a fiasco.
5. Per contra, the learned counsel for the respondents/decree holders/plaintiffs would submit that absolutely there is no merit in this revision and when appeal is pending before the Appellate Forum, there is no justification for approaching the High court in revision.
6. I would like to point that when the appellate forum is seized of the regular appeal itself, it is open for the revision petitioner/judgment debtor/defendant-1 to file necessary application and seek for stay and it is for the Appellate Court to grant the stay or not.
7. The learned counsel for the revision petitioner would submit that as on the date of filing this revision there was no appeal also pending. Now then the situation has got changed. Further more, in a suit for delivery of possession, the judgment debtor himself filing counter and contesting the case, may not have much significance. It is for him to take steps to get stay of the operation of the decree so as to fight out his case in the appeal. Once in the appeal if he succeeds, automatically the decree itself would get obliterated and the E.P.proceedings will automatically vanish. The appellate forum has got the power to stay if it decides so. Instead of trying in the appropriate direction, coming to the revisional court in this manner is not correct.
8. As such, the High court is not expected to meticulously go into the fact as to whether the so called exparte order passed in the EP as against the judgment debtor is correct or not and that too when the substantial remedy of obtaining stay by approaching the Appellate Court is available as of now for the revision petitioner herein.
9. With this observation, this revision is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.