R JAYARAMAN GOUNDER Vs. J SEKHAR

JUDGEMENT

(1.) BY consent of both the counsel, the civil revision petition is taken up for final disposal.

(2.) THE respondent who is the decree holder in O.S.No.684 of 1976 has filed E.P.No.261 of 1993 for delivery of possession pursuant to the final decree passed in the partition suit. The only objection raised by the petitioner is that the final decree is not executable unless the final decree is engrossed on stamp paper. He also relied upon the judgment reported in M/s. Madras Hardware Mart v. V. Rutcheeswaran , 1996 (1) L.W. 593. The same principle has been laid by the Supreme Court also in the case of Shankar Balwant Lokhande (dead) by L.Rs. v. Chandrakant shankar Lokhande and another , 1995 (3) S.C.C. 412 : 1995 (1) L.W. 568. In this case the supreme Court has held as follows: -