HAMSA AMMAL Vs. MANOGARAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the petitioners challenging the fair and decreetal order passed by the learned Additional District Munsif, Vellore in E.A. No. 302/2010 in E.P. No. 73/2009 in O.S. No. 19/2008 dtd. 17/4/2014, dismissing the Interlocutory Application filed by them.

(2.) The learned counsel for the revision petitioners submitted that the first respondent/plaintiff has filed the suit O.S. No. 19 of 2008, as against the second respondent/defendant and the same was decreed in favour of the first respondent/plaintiff on 19/1/2009. Subsequent to the decree, the first respondent has filed E.P. No. 73 of 2009 on the file of the Additional District Munsif Court, Vellore, for execution of the said money decree for Rs.67,500.00. In the said execution proceedings, the property bearing S. No. 316/14 ad-measuring an extent of 3,200 Sq.ft was brought for sale.

(3.) The first respondent has filed the counter affidavit in E.A. No. 302 of 2010, wherein, he has denied the averments made by the petitioners that the property involved in E.P. No. 73/2009 belongs to five legal heirs of the deceased Kasi Chettiyar, viz.,