PREMA Vs. A S RAJASEKARAPPA

JUDGEMENT

(1.) The civil revision petitioners herein are the respondents in E.P.No.57 of 2004 and the defendants in the suit in O.S.No.64 of 2002, on the file of the District Munsif Court, Ranipet. The respondent/plaintiff has filed the suit in O.S.No.64 of 2002 against the defendants stating that he is the absolute owner of the property and as such he has prayed, before the Trial Court, to direct the defendants to deliver vacant possession of the suit property after removing the construction in it, by way of mandatory injunction and in case if they fail to remove it, it has to be done adopting the process of Court and other reliefs.

(2.) The suit was decreed on 19.12.2002. Pursuant to the decree, the respondent/decree holder has filed Execution Petition under Order 21, Rule 35 of C.P.C. The said E.P.Proceedings was allowed against the revision petitioners/judgment debtors for delivery of the suit properties by 31.12.2005. Against this Order, the revision petitioner has filed the revision petition to set aside the order passed in E.P.No.57 of 2004 in O.S.No.64 of 2002, dated 27.11.2009, passed by the learned District Munsif Court-cum-Judicial Magistrate Court No.I, Walajapet, Vellore District.

(3.) The short facts of the case are as follows:- The Sub-Inspector of Police, who is attached to the Wallajapet Police Station had initiated a criminal case in C.C.No.61 of 1997 against the revision petitioners for an alleged offence under Sections 147, 447, 352, 506(1) of C.P.C. The said case was filed on the basis of the complaint given by the respondent herein. After trial, the criminal case was dismissed as not proved. Thereafter, the respondent/plaintiff has filed O.S.No.64 of 2002 against the revision petitioners. The same was decreed on 19.12.2002. Thereafter, the revision petitioners/defendants have filed set aside application in I.A.No.323 of 2004. It was dismissed. As against this, a civil revision petition was filed before this Court in C.R.P.NPD.No.2218 of 2009. The same was also dismissed on 25.08.2009. Against the dismissal order of this Court, no appeal or revision is pending. Hence, the learned District Munsif-cum-Judicial Magistrate Court No.I, Walajapet ordered delivered on 27.11.2009. Against the said order, the present civil revision petition has been filed.