SUNDAR TIMBER PRIVATE LIMITED Vs. MANAKCHAND JAMAD

JUDGEMENT

(1.) The petitioner is the second obstructor / third party in E.P.No. 783 of 1994 in O.S.No. 3023 of 1988 on the file of the 9th Assistant Judge, City Civil Court, Chennai. He is aggrieved against the order passed in E.A.No. 1556 of 1996 in allowing the said application filed under Order 21 Rule 97 CPC by the decree holders.

(2.) The case of the petitioner is as follows:-

(3.) During his life time, the said Manakchand Jamad and the first respondent herein jointly filed a suit in O.S.No. 3023 of 1988 on the file of the 12th Assistant City Civil Court, Madras for eviction of the 5th respondent herein from the said property without making the petitioner as a party to the suit, knowing fully well that the petitioner is occupying the premises as a tenant under the 5th respondent. On 27.4.1993, the said suit was decreed and consequently the decree holders filed E.P.No 783 of 1994 for delivery of possession. In the meantime, the 5th respondent herein filed A.S.No. 157 of 1994 on the file of the City Civil Court, Chennai, challenging the judgment and decree made in O.S.No. 3023 of 1988. The said appeal was dismissed on 19.2.1996. Further, a second appeal filed by the 5th respondent before this Court in S.A.No. 1447 of 1996 was also dismissed on 23.2.2006. In the meantime, the decree holders filed E.A.No. 1556 of 1996 under Order 21 Rule 97 CPC for removal of obstruction by showing the petitioner and the respondents 6 and 7 herein as obstructors . The 5th respondent died on 8.5.2006 .