C. MURUGAN Vs. THILAGAVATHY AND ORS.

JUDGEMENT

(1.) These revision petitions arise out of the orders passed by the II Additional Sub Judge, Coimbatore in in E.A.No.198 of 2009 in E.P.No.179 of 2008.

(2.) For the sake of convenience and for easy understanding, the petitioner herein C.Murugan will be hereinafter as decree holder, the first respondent Dr.Thilagavathy will be referred as 3rd party obstructor and the second respondent K.Sekaran will be referred as judgment debtor.

(3.) The petitioner/decree holder instituted a suit against K.Sekaran/judgment debtor in O.S.No.764 of 1993 for specific performance of the sale agreement dated 30.09.1991. The suit was decreed ex parte on 06.01.2006. On the basis of the decree, a sale deed was executed in favour of the decree holder and thereupon he laid an execution petition E.P.No.179 of 2008 for delivery of possession. In the execution petition, 3rd party obstructor filed E.A.No.198 of 2009 under Order 21 Rule 97 and 98 of C.P.C., r/w. 151 C.P.C., seeking adjudication of her right and title over the petition mentioned property and record the resistance and obstructions of delivery of possession of the property in pursuance of the decree passed in O.S.No.764 of 1993.