T ARIVAKKARASAN Vs. D GUNASUNDARI

JUDGEMENT

(1.) The Respondent/Plaintiff filed the suit in O.S. No. 413 of 1993, for recovery of possession of the suit property from the Defendants.

(2.) The above said suit was decreed ex parte on 3.4.1995. Thereafter, the Respondent-decree holder herein filed an Execution Petition in E.P. No. 148 of 1995, for delivery of the suit property, which was re-numbered as E.P. No. 69 of 2002, on the file of the Subordinate Court, Poonamallee. While executing the decree, it was found that the Appellants have caused obstruction, questioning the title of the Respondent-decree holder and therefore, the Respondent- decree holder filed an application under Order 21, Rule 97 of Code of Civil Procedure in E.A. No. 261 of 1998, for removal of obstruction caused by the Appellants, which was re-numbered as E.A. No. 234 of 2004. That application was allowed and against the same, the Appellants filed C.M.A. No. 69 of 2005, on the file of the Principal District Judge, Chenglepattu. That appeal was dismissed and against the same, this Civil Miscellaneous Second Appeal was filed by the Appellants.

(3.) This Civil Miscellaneous Second Appeal was admitted and notice of motion was ordered and at the time of arguments, the following Substantial Questions of Law were raised: