MANICKAM Vs. RAHAMATH BEEVI

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners as well as the respondents. This civil revision has been preferred, challenging the order, dated 23.02.2010 made in E.P.No.87 of 2003 in O.S.No.401 of 1981 on the file of the learned District Munsif, Thiruvarur.

(2.) As per the impugned order, dated 23.02.2010, demolition of superstructure and delivery of possession of the suit property was ordered by the Court below by 30.03.2010, aggrieved by which, the revision is preferred by the petitioners / judgment-debtors.

(3.) It is an admitted fact that the suit was filed by one S.M. Vajeer Ussan against the revision petitioners herein, seeking a decree, directing the defendants therein to deliver the possession of the suit schedule property described in the plaint, marked in red colour as ALU, after removing the construction put up by the petitioners herein and also sought further direction for appointment of an officer of the Court to demolish the superstructure and also to grant permanent injunction restraining the defendants from proceeding with further construction over the blue shaded portion of the plaint schedule property. The suit was decreed by the trial court, after the trial, however, the first appellate court allowed the appeal and the suit was dismissed. In the second appeal, this Court allowed the same, confirming the judgment and decree passed by the trial court, thus the judgment and decree of the trial court attained finality, which is not in dispute.