ADIMOOLAM MUDALIAR Vs. PL UNNAMALAI ACHI

JUDGEMENT

(1.) This appeal is by a person, who claims to be in possession of the property in question which is the subject-matter of the decree passed by this Court in C.S. No. 49 of 1975 which is in execution now, in E.P. No. 71 of 1993, against the order dated 23-12-1996 made by the learned single Judge in Application No. 4325 of 1996 in the said Execution Petition.

(2.) Briefly stated, the facts and events which are considered necessary and relevant for the disposal of this appeal, are the following :-C.S. No. 49 of 1975 was filed by the decree-holder for setting aside the sale deed dated 20-5-1965 in respect of the suit schedule property and for recovery of possession. Though the said suit was dismissed by the learned single Judge on original side, it was reversed by the Division Bench in O.S.A. No. 93 of 1979 and the sale deed dated 20-5-1965 executed by the first defendant in favour of the second defendant was held void, and further the defendants were directed to deliver possession of the property to the plaintiff. S.L.P. (Civil) No. 7849 of 1988 filed against the Judgment and decree passed by the Division Bench of this Court in the aforementioned appeal was also dismissed on 11-12-1992.

(3.) The decree-holder filed E.P. in 1993. On 5-4-1994 orders were passed for issuing warrant for delivery of possession. When the said warrant was sought to be executed, the appellant herein obstructed the delivery on 27-4-1994. On the same day the defendant in the suit filed application to set aside the warrant for delivery, and stay was granted in the Execution petition staying further proceedings. The stay order was vacated on 9-12-1994 on the application of the decree-holder. On 3-1-1995 the decree-holder applied for amending the door No. of the property and also sought police help which prayers were granted by the Master by order dated 20-7-1995.