MIRTHUBASINI Vs. EASWARAMURTHY

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and decree of C.M.A.No.1 of 2007 dated 11.07.2007 on the file of the Court of the Additional District Sessions Judge, Fast Track Court-III, Dharapuram, Erode District reversing the judgment and decree of E.A.No.114 of 2005 in E.P.No.29 of 2005 in O.S.No.3 of 1997 dated 04.08.2006, on the court of the Subordinate Judge at Dharapuram.

(2.) THE claimant in E.A.No.114 of 2005, in E.P.No.29 of 2005, in O.S.No.3 of 1997 is the Appellant before this Court. She is aggrieved by the order passed by the Lower Appellate Court in C.M.A.No.1 of 2007 dated 11.07.2007 reversing the judgment passed by the Execution Court in E.A.No.114 of 2005 in E.P.No.29 of 2005.

(3.) THIS claim petition filed in E.A.No.114 of 2005 was resisted by the plaintiff/decree holder by filing a counter wherein it was stated that he already got the Sale Deed executed through the Execution Court on 31.07.1995 and the property is a self-acquired property of the judgment debtor. Having got the Sale Deed executed, now, he filed the present E.P. i.e., E.P.No.29 of 2005 for taking possession of the same property. To E.P. Proceedings, claim petition has been filed by the wife of the Judgment Debtor. In so far as the decree obtained by the claimant in O.S.No.78 of 1999 is concerned, it was stated that, that was a collusive one and the same would not bind the plaintiff/decree holder as he was not at all a party to the suit. It was further pointed out by the plaintiff/decree holder that a separate suit in O.S.No.118 of 2002 has been filed by the claimant seeking the very same relief which is now asked in E.A.No.114 of 2005 and the said suit was dismissed. Further, the judgment debtor also filed I.P.No.8 of 1997 and that was also dismissed on the ground of collusion and fraud. Hence, the plaintiff/decree holder sought for dismissal of the claim petition filed in E.A.No.114 of 2005.