M. RAJESH PANNEER KUMAR Vs. T. PONNARASU

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the order, dtd. 17/3/2021 in E.A.No.4 of 2020 in E.P.No.32 of 2011 in O.S.No. 42 of 2006 passed by the learned III Additional District Judge, Tirunelveli.

(2.) The respondent herein/plaintiff has filed an application in E.A.No.4 of 2020 in E.P.No.32 of 2011 in O.S.No.42 of 2006 under Order 21 Rule 35 of C.P.C., to deliver the suit property, on the file of the learned III Additional District Judge, Tirunelveli, the same was allowed on 17/3/2021. Against the said order, the revision petitioner is before this Court.

(3.) This Civil Revision Petition has been filed on the ground that the Court below has failed to consider that relief of delivery of property was not prayed in the suit and no decree passed for delivery of possession, hence the Executing Court cannot go beyond the decree. The Court below has failed to properly appreciate under Order 21, Rule 35 of C.P.C., which clearly says 'decree for delivery immovable property1 and in the present case, there is no decree for delivery of immovableproperty, hence the respondent cannot invoke under Order 21, Rule 35 of C.P.C. The Court below has failed to consider that the petitioner's wife has filed a suit in O.S.No.24 of 2019 on the file of the III Additional District Court, Tirunelveli to declare that the property is absolutely belongs to her and the same is pending.