N. KUPPANAN Vs. RAGUNATHAN

JUDGEMENT

(1.) THE fair and decreetal orders dated 26.02.2014 and made in E.A. Nos. 33 & 34 of 2014 in E.A. No. 108 of 2013 in E.P. No. 145 of 2008 in O.S. No. 219 of 1986, on the file of the learned Principal Subordinate Judge, Karur, have been challenged in these memorandum of civil revision petitions. With the parties to both revision petitions are one and the same and the issue involved in these revision petitions is also common in nature, these two memorandum of civil revision petitions have been consolidated together, heard jointly and disposed of in this common order.

(2.) THE revision petitioner herein is the third party to all the proceedings relating to the suit in O.S. No. 219 of 1986 as well as the execution proceedings in E.P. No. 145 of 2008, whereas the respondent herein is the first defendant in the suit.

(3.) ULTIMATELY , excepting the schedule mentioned property in the execution petition in E.P. No. 145 of 2008, in respect of other properties, a final decree was passed. Thereafter, it appears from the records that the plaintiffs Janaki Ammal and Lakshmi Ammal and other co -sharers had released their respective shares in favour of the respondent/first defendant, in respect of the property specified in the execution petition and the respondent/first defendant herein had also purchased the remaining shares from the other shareholders. When the matter stood thus, the respondent/first defendant had filed an execution application in E.A. No. 108 of 2013 seeking for delivery of vacant possession. The revision petitioner, who is the third party to the above proceedings, had claimed that he is the sub -tenant under the respondent/first defendant in the suit property and therefore he had taken out an application in E.A. No. 15 of 2009 to stay the order of delivery of physical possession, which was subsequently dismissed. According to the revision petitioner, the dispute between the parties had been thereafter settled and therefore he had agreed to vacate the suit premises on or before 07.11.2013 and in this connection he had also filed a memorandum to that effect.