S.VASANTHI Vs. K.MUNUSWAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order dtd. 1/12/2018 passed in E.A.No.50 of 2016 in E.P.No.7 of 2016 in O.S.No.261 of 2014 on the file of Subordinate Court, Dharmapuri.

(2.) The suit was filed by the 1st respondent / plaintiff to execute a sale deed in favour of him by the 2nd respondent / defendant and in case of failure of the defendant to execute the sale deed in favour of the plaintiff, to execute the same through the Court on behalf of the defendant.

(3.) The defendant was set exparte before the Court below and the Court below by decree and order dtd. 13/1/2015 had allowed the suit in favour of the 1st respondent / plaintiff as prayed for. The decree holder had filed R.E.P.No.7 of 2016 praying for execution of the decree and judgement. When the execution petition was pending, an obstruction petition in R.E.A.No.50 of 2016 was filed by the petitioners herein under Order 21 Rule 97 stating that the suit schedule property originally belonged to their father Narasimhan and the same was settled in favour of them by way of a registered Settlement Deed dtd. 28/8/2014 in Doc.No.3229 of 2014.