KHAJA MOHIDEEN Vs. ALI HUSSAIN AND OTHERS

JUDGEMENT

(1.) Challenge is made in this revision to the order of return dated 16.12.2015 and made in an unnumbered Execution Application in E.P.No.554 of 1999 in O.S.No.449 of 1994 on the file of the learned I Additional District Munsif, Tiruchirappalli.

(2.) The revision petitioner herein is a third party to the original suit in O.S.No.449 of 1994. The first respondent is the plaintiff, whereas the respondents 2 to 4 herein are the defendants in the said suit.

(3.) The first respondent seems to have filed the above said suit as against the respondents 2 to 4, seeking the relief of mandatory injunction, directing the defendants to let out shop No.400, Big Bazaar, Tiruchirapalli only to him (plaintiff) and for permanent injunction restraining the defendants, their men, agents from leasing out door No.400, Big Bazaar, Tirchy to any other person except the plaintiff. An ex-parte decree was passed on 18.07.1996. In pursuant to the decree, the first respondent had taken out an execution proceedings in E.P.No.554 of 1999. During the pendency of the said execution application, a petition in E.A.No.58 of 2000 was filed by the revision petitioner herein under Order 21, Rule 97 of the Code of Civil Procedure, with a request to record his objection, obstruction and to dispose of the execution petition. That was dismissed on 12.12.2007.