(1.) THIS Revision Petition is directed against the Order of the Additional District Munsif, Mayiladuthurai in E.A.No.150/2002 in E.P.No.109/1991 in O.S.No.117/1986 allowing the Petition filed by the Respondent Judgment-Debtor, under Section 47 CPC.
(2.) A lane measuring 5' width x 80' length has been the subject matter of litigation between the parties for nearly two decades in atleast two rounds of litigation.
(3.) DRAWING the attention of the Court to the two rounds of litigation, the learned Counsel for the Petitioner has submitted that rights of the parties are to be determined as on the date of suit. Submitting that the superstructure was not in existence on the date of filing of the suit and the Court has got power to remove the superstructure put up pendente lite, the learned Counsel has submitted that the Respondent Judgment-Debtor is trying to circumvent the execution of the Decree by one way or other and the Executing Court erred in saying that the Decree is inexecutable.