K DINESH BABU Vs. P VEENA ASHOK

JUDGEMENT

(1.) The present petitioner, who is judgment debtor has filed these writ petitions against the order dated 13.12.2017 rejecting I.As.3, 4 and 6 filed by him and allowing I.A.5 filed by the respondent-decree holder made in Ex.No.327/2015 by the Executing Court issuing delivery warrant and permitting the Court Ameen to break open the lock as well as directing the Station House Officer of the jurisdictional police to provide assistance to execute the delivery warrant.

(2.) The brief facts of the case according to the petitioner are that:-

(3.) On the basis of the Sale Deed executed by the defendant Nos. 1 to 4 in favour of the 5th defendant, notice of attornment of tenancy was issued by defendant Nos. 1 to 4 to the present petitioner on 17.1.2008. On 19.3.2008 a legal notice was issued by the petitioner to defendant Nos. 1 to 4 and the said defendants replied to the said notice on 29.3.2008. Thereafter, the present petitioner, who is plaintiff in O.S.No.813/2008 filed the said suit for specific performance for enforcement of agreement dated 25.9.2007 and to declare that the Sale Deed dated 1.1.2008 said to have been executed by defendant Nos. 1 to 4 in favour of the 5th defendant-respondent herein is null and void and not binding on him.