PUTTU KEMPAIAH Vs. MANJULA

JUDGEMENT

(1.) This civil miscellaneous second appeal is filed against the order of remand made in R.E.A. No. 14 of 1996 on the file of the Subordinate Judge, Hosur.

(2.) The suit in O.S. No. 166 of 1979 was filed by the Appellant herein for delivery of possession of the property and the suit was decreed and in execution of the decree,the decree-holder/Appellant filed E.P. No. 36 of 1993 and he found that Respondents 3 to 5 were obstructing the taking of delivery and therefore, the Appellant filed E.A. No. 16 of1994 under Order XXI Rule 97 of the Code of Civil Procedure to remove the obstruction and that was allowed by the court below. Thereafter, Respondents 3 to 5 herein filedC.M.A. No. 14 of 1996 against the said order and that appeal was allowed by the first appellate court and remanded the case to the court below and against the same, the present appeal is filed by the decree holder.

(3.) The civil miscellaneous second appeal was admitted and notice of motion was ordered. In the grounds of appeal, the decree holder raised two substantial questions of law and they are as follows: