VELU GOUNDER Vs. KANNA GOUNDER

JUDGEMENT

(1.) BY consent of both counsel, the civil revision petition itself is taken up for disposal.

(2.) THE respondent had filed O.S.No.458 of 1964 on the file of the District Munsif -s Court, Arni, for declaration of his title and for recovery of possession. The said suit was decreed on 17.6.1967. The respondent has taken out execution proceedings in E.P.No.618 of 1967. and the respondent took possession from the petitioner one of the items of the suit property on 30.7.1967, and the execution petition was dismissed on 30.8.1967 since the respondent did not pay batta in respect of another suit item. Thereafter on 18.6.1977, the respondent filed E.P.No.178 of 1977 for recovery of the remaining item of the suit property, for which, the earlier execution petition was dismissed. The petitioners herein filed a suit in O.S.No.235 of 1977, praying for the cancellation of the decree in O.S.No.458 of 1964 and obtained an interim injunction restraining the respondent from interfering with their possession. Pursuant to the injunction order in I.A.No.954 of 1977 in O.S.No.235 of 1977, the E.P.No.178 of 1977 filed by the respond -ent was dismissed as infructuous. The suit O.S.No.235 of 1977 was dismissed, against which the Appeal A.S.No.38 of 1984 was filed by the petitioners and that was also dismissed. Thereafter the respondent filed the present E.P.No.126 of 1987 for recovery of the property pursuant to the decree in O.S.No.458 of 1964. The said Execution Petition was ordered and delivery was directed. Against the said order, the petitioners have filed the present revision.

(3.) THE learned counsel for the respondent contended that E.P.No.178 of 1977 filed by the respondent was dismissed as infructuous on the earlier occasion only on the basis of the order of injunction obtained by the petitioner and as such it is not open to him now to contend by virtue of the order of injunction, the respondent was not prohibited from executing the decree and the present Execution Petition filed is only a continuation of the earlier execution proceeding and hence it is within the period of limitation.