V SHANMUGANATHAN Vs. C RAMAMOORTHY

JUDGEMENT

(1.) In this civil revision petition, the revision petitioners have challenged the fair and decreetal orders, dated 12.06.2017, passed in E.A.No.17 of 2016 in E.P.No.18 of 2012 in O.S.No.54 of 2008, on the file of the District Munsif Court, Sattur.

(2.) Based on the materials placed, it is found that, as rightly contended by the learned counsel for the first respondent, this is the fourth round of litigation between the parties claiming right, title or interest in the suit property.

(3.) It is found that following decree obtained in O.S.No.54 of 2008, which is a suit for declaration and recovery of possession after removing the superstructure put up on the suit property by the defendant, it is found that the first respondent has levied execution proceedings against the defendant in the above mentioned suit, who has been arrayed as the second respondent in this civil revision petition, in E.P.No.18 of 2012. It is found that the litigation between the parties in respect of the suit property involved in the matter has been lingering from 1994 onwards. Though all along the suit property had been declared to be the property of the first respondent herein, it is found that only after the above mentioned suit had culminated in a decree in favour of the first respondent, it is found that it was made possible for him to prefer the execution petition for recovery of possession of the suit property from the second respondent.