M.THANGAMANI Vs. V.SELLAMUTHU

JUDGEMENT

(1.) This civil miscellaneous second appeal is directed against the order confirming the judgment of the Additional district Judge, Namakkal in CMA.No.13 of 2020, the appeal against the order of the Sub-Court, Sankari made in EP.No.32 of 2009 dtd. 6/1/2020.

(2.) The proceedings arose out of a suit for specific performance laid by the respondents 1 to 3 herein, against one M/s. T.L.Manickam and N.Natarajan. The suit came to be decreed by the Sub-Court, Sankari on 27/2/2001. An appeal was filed against the said judgment and decree in AS.No.58 of 2002 before this Court, which came to be dismissed on 24/3/2009. The Appellant herein, who was impleaded as the legal representative of the deceased 1st defendant in the suit along with the other defendants challenged the correctness of the judgment of this Court inCA.No.4264 of 2010 before the Hon'ble Supreme Court. The said Civil Appeal also came to be dismissed on 16/11/2016. Thereafter, the decree was put in execution.

(3.) Before the Executing Court, the appelalant herein, filed an application in EA.No.236 of 2017 purportedly under Order 21 Rule 58 projecting an independent claim over the property. The said execution application came to be dismissed by the Trial Court on 21/3/2018. An appeal in CMA.No.7 of 2018 filed by the appellant was also dismissed on 5/7/2019. Undeterred the appellant filed an appeal in CMSA.No.21 of 2020 in this Court and the same was dismissed on 25/8/2020.