PRITHIVIRAJ Vs. A. MUNEESWARAN

JUDGEMENT

(1.) The above appeal has been filed by a third party to the suit in O.S.No.10 of 2008 on the file of the Principal District Court, Tirunelveli challenging the dismissal of his application under Order 21 Rule 101 of C.P.C seeking to deliver possession of the suit schedule property. Factual Matrix:

(2.) Admittedly one V.Velladurai is the owner of the suit schedule property. It is alleged by the plaintiff/Muneeswaran that the said Velladurai had executed a registered sale agreement on 13/8/2002 in his favour for a sale consideration of Rs.9,00,000.00. Alleging non performance of the said sale agreement, the suit for specific performance was filed by Muneeswaran on 29/1/2008 in O.S.No.10 of 2008 for the relief of specific performance.

(3.) The defendant had remained exparte and an exparte decree was passed on 9/9/2008. The plaintiff had filed E.P.No.12 of 2009 for execution of the sale deed and the judgement debtor had remained exparte and the sale deed was executed by the Court. Thereafter, the plaintiff had filed E.A.No.152 of 2010 for taking delivery of the property in which the judgement debtor had remained exparte and an order of delivery was passed. According to the plaintiff, the delivery was taken on 15/9/2010.