T. NATARAJAN Vs. S. TEJRAJ AND ORS.

JUDGEMENT

(1.) These two civil revision petitions arose out of execution proceedings in E.P.No. 53 of 2014 launched by the respondents seeking execution of a decree for possession and mandatory injunction.

(2.) The respondents, as plaintiffs, filed a suit in O.S.No. 188 of 2006 seeking following prayers :-

(3.) The said suit came to be decreed exparte on 09.09.2009 as prayed for. An application in I.A.No. 944 of 2010 was filed by the defendant seeking to set aside the exparte decree. It is now claimed that the said application was withdrawn, since the execution petition filed by the decree holder in E.P.No. 53 of 2010 was withdrawn. It is claimed that there was some sort of an understanding between the parties regarding the enjoyment of the suit properties. The petitioner herein namely, the judgment debtor would also claim that the decree holder filed the second EP in E.P.No. 53 of 2014 contrary to the said arrangement seeking arrest of the judgment debtor under Order 21 Rule 32 of C.P.C, complaining of disobedience of the decree for permanent injunction. It is the further claim of the judgment debtor that the decreee holder gave a wrong address in the execution petition and took steps for service by publication.