MANI ALIAS SUBRAMANI Vs. E V VISWANATHAN

JUDGEMENT

(1.) THE respondent is the plaintiff/decree holder and the revision petitioners are the respondents 8, 6, 10, 11 and 15 in the execution petition filed by the plaintiff/decree-holder.

(2.) THE plaintiff's suit is one for recovery of possession and for past and future mesne profits and the said suit was decreed on 30.4.1990. Pursuant to the same, the plaintiffs filed E.P.No.414 of 1993 and the said execution petition was resisted by the revision petitioners, by filing a petition under Secs.47 and 151, C.P.C. in E.A.No.502 of 1999 and the same came to be dismissed. Aggrieved by the same, this revision petition has been filed.

(3.) THE respondent herein taken out an application in E.A.No.1328 of 1999, contending that the petition filed by the petitioners is liable to be dismissed, as the same is hit by constructive res judicata, as provided under Sec.11, Explanation 7 and 151, C.P.C. THE Court below had taken both the applications together for enquiry and dismissed E.A.No.502 of 1999 and allowed E.A.No.1328 of 1999. Aggrieved by the same, this revision has been filed. Heard the learned Advocate for the revision petitioners and the respondent.