SAMAPTH AND NAICKER Vs. KUMARASWAMY MUDALIAR

JUDGEMENT

(1.) THIS revision petition is against the order passed by the District Munsiff, Vanur in E.P.No.26 of 1996 in O.S.No.32 of 1991, dated 5.2.97. The said execution petition has been filed by the plaintiff/ decree holder for delivery of possession of the property on the ground that the defendant/respondent did not act in accordance with compromise decree in the suit.

(2.) THE respondent resisted the same by contending that as per the decree, the suit has been dismissed as settled out of Court, that there is no indication that the property should be delivered to the plaintiff, and therefore the petition is liable to be dismissed.

(3.) AS against the order which was passed by the learned District Munsiff, the respondent has filed the present revision. The learned counsel appearing for the revision petitioner, has argued that the learned District Munsiff ought to have seen that the Executing Court had no jurisdiction to go beyond the decree and since the decree does not provide for delivery of possession, the order passed by the learned District Munsiff is wrong and it is liable to be set aside.