LAWS(MAD)-2011-7-222

BALUSAMY CHETTIAR Vs. ABDUL RAZACK

Decided On July 14, 2011
BALUSAMY CHETTIAR Appellant
V/S
ABDUL RAZACK Respondents

JUDGEMENT

(1.) CHALLENGE in this Civil Miscellaneous Second Appeal is to the order passed in Civil Miscellaneous Appeal No.2 of 2006 by the Sub Court, Pudukkottai, wherein the order passed in Execution Application No.264 of 2001 in Execution Petition No.174 of 1999 in Original Suit No.39 of 1981 by the Principal District Munsif Court, Pudukkottai is reversed.

(2.) THE appellants herein as plaintiffs have instituted Original Suit No.39 of 1981 on the file of the Principal District Munsif Court, Pudukkottai for the reliefs of declaration, mandatory injunction and alternatively for recovery of possession, wherein an executable decree has been passed and the same has been put into execution in Execution Petition No.174 of 1999. During pendency of the same, the first respondent herein as petitioner has filed Execution Application No.264 of 2001 under Order XXI, Rule 97 of the Code of Civil Procedure, 1908. THE Executing Court after considering the available evidence on record has dismissed the same. Against the dismissal order passed by the Executing Court, the petitioner therein as appellant has filed Civil Miscellaneous Appeal No.2 of 2006 on the file of the first appellate Court.

(3.) ON the side of the contesting respondents, a detailed counter has been filed, wherein the claim made on the side of the petitioner has been candidly denied.