N SUNDER RAO Vs. N PREMA KUMARI

JUDGEMENT

(1.) The Civil Revision Petitioner/Respondent/Judgment Debtor has filed this Civil Revision Petition as against the order dated 14.10.2009 made in E.P.No.1916 of 2002 in O.S.No.8078 of 1986 passed by the Learned X Assistant Judge, City Civil Court, Chennai.

(2.) The Executing Court while passing order in E.P.No.1916 of 2002 in O.S.No.8078 of 1986 on 14-10-2009 has among other things, observed that '....the contentions raised by the Learned counsel for the Respondent/Judgment Debtor and the existence of superstructures have already been taken into consideration in the Suit, Appeal and in the S.L.P., and they cannot be agitated before this Court of Execution. Hence, this Petitioner/Decree Holder is entitled for the delivery of possession as prayed for' and resultantly, allowed the Petition and ordered delivery by 14.12.2009.

(3.) According to the Learned counsel for the Revision Petitioner/Judgment Debtor, the order passed by the Executing Court is against law and weight of evidence and probabilities of the case and that, indeed the Executing Court has not taken note of the subsequent developments in connection with the allotment that was originally granted to the Decree Holder.