V. PACKIRISAMI PADAYACHI NAGARAJAN Vs. SUNDARAMBAL AMMAL

JUDGEMENT

(1.) The Civil Revision Petition is directed against the Order passed in E.P. No.199 of 2007 in O.S. No.62 of 1973 dtd. 19/8/2017 on the file of the Principal Subordinate Court, Kumbakonam, directing delivery of the property.

(2.) The Revision Petitioners are the Judgment-debtors/Defendants 1, 3 & 4 and the Respondents 1 to 4 are the Decree-holders/Plaintiffs.

(3.) The Respondents as Plaintiffs have filed a Suit for partition in O.S. No.62 of 1973 on the file of the Subordinate Court, Kumbakonam against the Revision Petitioners/Defendants. After full-trial, Preliminary Decree came to be passed on 17/3/1979. The Respondents have filed a Final Decree Petition in I.A. No.512 of 1979 and an Advocate Commissioner was appointed. Subsequently, Final Decree came to be passed on 23/7/1980. The Revision Petitioners have preferred an Appeal challenging the Preliminary Decree, dtd. 17/3/1979 before this Court in A.S. No.839 of 1984 and the Appeal was dismissed by this Court on 4/11/1997. The Respondents have then laid an Execution Petition in E.P. No.199 of 2007. Pending Execution Petition, the Revision Petitioners have filed an application under Sec. 47 C.P.C. alleging that the Final Decree is not executable and as such, the Execution Petition is liable to be dismissed, in E.A. No.14 of 2011 on the file of the Principal Subordinate Court, Kumbakonam. The Respondents have filed their Counter Statement raising serious objections. The learned Subordinate Judge, after enquiry, has passed an Order, dtd. 19/8/2017 dismissing the application filed under Sec. 47, C.P.C. in E.A. No.14 of 2011 and consequently the Executing Court has passed an order of delivery on 19/8/2017 itself. Challenging the order of delivery passed on 19/8/2017, the present revision came to be filed.