These two civil revision petitions arise out of E.P.No.10 of 2007 filed by Thiru.A.R.Ramasamy Chettiar. A.R.Ramasamy Chettiar is the petitioner in C.R.P.(MD)No.1863 of 2012 and the respondent in C.R.P.(MD)No.1801 of 2012. He filed O.S.No.20 of 1997 for passing final decree based on the preliminary decree for rendition of accounts passed in O.S.No.9 of 1977 on the file of the Sub Court, Devakottai. Final decree was passed decreeing his claim for a sum of Rs.48,83,389/- with interest @ 6% p.a. to be calculated with effect from 26.10.2006. The said decree has since been confirmed in S.A. (MD)No.780 of 2010 by this Court today. In the meanwhile to enforce the decree, Thiru.Ramasamy Chettiar filed E.P.No.10 of 2007. In the said E.P., order was passed on 03.08.2012 bringing the building in question for sale. The building belongs to the other revision petitioner Vairavan Chettiar / third defendant in the suit. The executing Court has valued the building at Rs.90,00,000/- and has ordered that the building alone will be brought to sale and not the land. Aggrieved by the said order, the decree holder has filed C.R.P.(MD)No.1863 of 2012. Contending that the land is measuring an extent of 84 cents, while the building is located on 16 cents and that one of the judgment debtors alone cannot be mulcted with liability, C.R.P.(MD)No.1801 of 2012 has been filed. There is consensus between both the revision petitioners that the Court below could not have passed an order for bringing to auction the building alone dehors the land.
