A.SUNDARAM Vs. V.SHANMUGAM

JUDGEMENT

(1.) Challenging the order passed by the Executing Court directing the respondents 1 to 4 in Execution Petition/judgment debtors to execute the sale deed in respect of undivided 4/9 share, the present revision has been filed.

(2.) Brief facts leading to the filing of the present revision are as follows :

(3.) The main contention of the learned counsel for the revision petitioners before this Court is that the first Execution Petition in E.P.No.124 of 1999 was dismissed on 10/12/2007 and the second Execution Petition filed on 22/8/2008 is barred by limitation. According to the learned counsel for the revision petitioners, the date of limitation starts from the date of decree. Therefore, the second Execution Petition ought to have been filed on 21/8/2008. Further, it is his main contention that the agreement was entered into by four persons, whereas, the Execution Petition has been filed against 10 persons, which is not maintainable. In support of his submissions, the learned counsel relied upon the following judgments of the Hon'ble Supreme Court :