KALA Vs. S K GANESAN

JUDGEMENT

(1.) THE petitioners/judgment debtors in E. P. No. 183/1999 in O. S. No. 208/1980 have filed the above Revision Petition challenging the order of the execution court dated 1. 12. 2004regarding the delivery and terminating execution petition.

(2.) O. S. NO. 208/1980 has been filed by the respondent herein against the revision petitioners and their father Sundaresekara Udayar. The trial court on 23. 10. 1980 directed the defendants in the suit to execute the sale deed of the property mentioned in the plaint schedule. An Appeal was filed in A. S. No. 11/1992 and the same was dismissed on 11. 8. 1995. The Second Appeal in S. A. No. 1403/1995 was also dismissed by this court on 16. 4. 1996. Thereafter E. P. No. 101/1996 was filed by the respondent herein for execution of the sale deed in respect of plaint schedule property and the same was ordered. The sale deed was also executed. The present E. P. No. 183/1999 was filed by the respondent for delivery of possession. In that execution proceedings, an application under Sec. 47, CPC was filed by the revision petitioners and another and the same was dismissed on 28. 11. 2001. On 5. 12. 2001 the respondent herein took possession of the property on the basis of the order passed in the E. P. Against the order dated 28. 11. 2001, dismissing the Sec. 47 application, the revision petitioners filed C. R. P. No. 455/2002 and the same was dismissed on 5. 11. 2003. On 1. 12. 2004 after recording the delivery, the E. P. , itself was terminated. Challenging the said order, the above revision petition has been filed.

(3.) HEARD the learned counsel for the petitioners and the learned counsel for the respondent. I have also perused the documents filed in support of their submissions.