C RAMAMOORTHY Vs. T M BALAKRISHNA MUDALIAR

JUDGEMENT

(1.) THE unsuccessful plaintiffs/decree holders are the revision petitioners. The revision is filed against the refusal for numbering the execution petition filed under Order 21 Rule 32 C. P. C. for executing the decree obtained by the plaintiffs in T. P. T. O. S. No. 13 of 1975 on the file of Principal District Munsif, Tirupattur.

(2.) THE revision petitioners/plaintiffs have filed a suit in O. S. No. 13 of 1975 on the file of District Munsif, Tirupattur, for bare injunction and the suit, after contest, was decreed on 30. 01. 1976. The judgment of the trial Court was reversed by lower appellate Court by judgment dated 20. 08. 1977 and on appeal by the revision petitioners/plaintiffs, the decree and judgment of the trial Court was confirmed by this Court by judgment dated 15. 12. 1980. At the time of filing of the suit, the suit properties were situated within the jurisdiction of District Munsif Court, Tirupattur, being the lands situated in Sathambakkam and Peria Kammeswaram vilage, Vaniyambadi Taluk and now the lands are situated within the jurisdiction of District Munsif Court, Ambur, in view of the fact that the jurisdiction of the District Munsif Court, Tirupattur, has been trifurcated into District Munsif Court, Vaniyambadi and District Munsif Court, Ambur. In that view, the revision petitioners/plaintiffs filed an execution petition for execution of the decree on 21. 10. 2002 initially before the Principal District Munsif Court, Ambur, and the said Court in its order dated 31. 12. 2002 returned the same with the following endorsement:

(3.) HEARD the learned counsel for the revision petitioners and the learned counsel for the respondents.