MUNUSAMY Vs. VENGADACHALAM

JUDGEMENT

(1.) Respondents 2 to 6 in E.A. No. 240 of 2001 in E.P. No. 185 of 2000 in O.S. No. 460 of 1982 on the file of the 3 Additional District Muns if, Puducherry are the Appellants in this civil miscellaneous second appeal.

(2.) The suit in O.S. No. 460 of 1982 was filed by the first Respondent herein against one Gundu Govindasa my for declaration of his title and possession of three pieces of immovable property and the suit was decreed. As per the decree, the Defendant viz., Gundu Govindasa my was directed to hand over vacant possession of the encroached portion,marked as 'A' 'B' and 'C' in Ex.C2 the surveyor's sketch,to the Plaintiff. The said judgment debtor filed appeal in A.S. No. 104 of 1988 challenging the judgment and decree before the Principal District Judge, Pondicherry and that appeal was dismissed and in Second Appeal No. 1389 of 1989 filed by the judgment debtor before this Court, this Court also confirmed the finding of the Trial Court and the lower appellate court and dismissed the appeal. There after, the first Respondent herein filed E.P. No. 185 of 2000 to execute the decree and in respect of B and C schedule properties are concerned, there was no dispute and he was able to get possession of the property and in respect of A portion of the suit property, the Appellants raised objections to the execution and therefore, the decree holder, the first Respondent herein filed E.A. No. 240 of 2001 under Order 21 Rule 97 for removal of obstruction and that petition was allowed by the II Additional District Muns if, Pondicherry and as against the same, the Appellants filed appeal in A.S. No. 34 of 2008 and the lower appellate court also confirmed the finding of the Trial Court and dismissed the appeal. As against the same, the present civil miscellaneous second appeal is filed.

(3.) The following substantial questions of law are raised by the Appellant in this appeal: