SYED MOHAMED Vs. KOYATTI

JUDGEMENT

(1.) The main prayer in this Civil Revision Petition filed under Section 115 of the Code of Civil Procedure is as follows :

(2.) Heard Smt.M.Shajna, learned counsel appearing for the petitioners and Sri.V.T.Madhavanunni, learned counsel appearing for the respondents.

(3.) The petitioner is not a party in EP No.194/15 arising out of RCP No.155/2005 pending on the file of Rent Control Court/ Principal Munsiff's Court, Kozhikode. The respondents herein are the decree holders. The wife of the petitioner herein is the defendant/judgment debtor in the above proceedings. The Execution Petition was filed by the respondents herein/plaintiffs/decree holders praying for execution directing the Judgment Debtor to put the respondents in possession of the property which is the subject matter of the EP. The petitioner has filed the present EA No. 202/2016 in the above EP which has led to the impugned order dated 19.06.2017. It is the case of the petitioner the said Execution Application, EA No.202/2016 has been filed by him as obstruction petition as conceived from Order XXI Rule 97 of the Code of Civil Procedure on the premise that the property sought to be delivered is not liable to be delivered to the respondent since the petitioner herein is in possession of the same as per the sale agreement dated 02.05.1990 executed by the respondents herein/decree holders and that he is entitled to possess the same.