SARASWATHY Vs. KAMALAMMA AND ORS.

JUDGEMENT

(1.) AN interesting question with regard to the maintainability of the second application for execution by the decree holders arises for consideration in this original petition under Article 227 of the Constitution of India.

(2.) IN a suit for partition, preliminary decree was passed followed by final decree of which the decree holders sought execution of the decree who are the second and the first plaintiffs against the first and second defendants. The decree holders took out execution by E.A. Nos. 137/2013 and 138/2013 as per Ext.P1 and Ext.P2 execution petitions. An Amin was deputed for delivery of the property who filed Ext.P3 report dated 30.08.2014 which reads as follows:

(3.) THAT is with respect to E.P. No. 137/2013. As regards E.P. No. 138/2013, the Amin report reads as follows: