R MOHANKUMAR Vs. JANAKI

JUDGEMENT

(1.) The present revision has been preferred before this Court against the judgment and decree in CMA.No.46 of 1997 passed by the learned Additional District Judge, Fast Track Court No.II, Kancheepuram who passed a reversional order in E.A.No.170 of 1979 in E.P.No.132 of 1977 in O.S.No.360 of 1966, on the file of the learned Principal District Munsif, Kancheepuram.

(2.) The brief facts of the present Civil Revision Petition is that the plaintiff Ambulammal has filed a suit in O.S.No.360 of 1966 for recovery of possession. On 25.10.1968 the suit was partly dismissed for recovery of possession and allowed in respect of title of the property. Thereafter, the said plaintiff preferred an appeal suit in A.S.No.192 of 1969 before the learned Subordinate Judge, Kancheepuram and the same was allowed. Aggrieved by the same the defendants in the original suit had preferred a second appeal in S.A.No.502 of 1971 before this Court and the same was dismissed by the Judgment of this Court dated 08.12.1972.

(3.) The confirmation of the title and possession devolves upon the plaintiff/decree holder/ the present petitioner in the Civil Revision Petition. To enjoy the fruits of the decree the petitioner mother who is the original plaintiff have filed an execution petition in E.P.No.132 of 1977. After the delivery was ordered the Court bailiff had executed the Court order by taking the delivery of the suit property. The delivery receipt also was enclosed in the typed set of papers for perusal of this Court.