LAWS(MAD)-2018-8-839

A JOHN Vs. VASANTHI

Decided On August 21, 2018
A John Appellant
V/S
VASANTHI Respondents

JUDGEMENT

(1.) John obstructed delivery of possession of a certain property in execution of a decree passed in O.S.5677/2006, but was unsuccessful in defending a petition in E.A.No.2047/2015 in E.P.No.1637/2014, for removing the obstruction which the decree holder had filed for delivery of the property under Order 21 Rule 97 CPC. Aggrieved by the same, John has come before this Court.

(2.) A concise narration of preludial facts for a convenient appreciation of what are to follow next are stated now:

(3.) It is this decree for delivery of the property sans any decree declaring plaintiffs' title was put to execution in E.P.No.1637 of 2014. When the Court bailiff went to the spot for effecting delivery, John obstructed. As referred to in the opening paragraph, the decree holder/plaintiffs filed E.A.No.2047 of 2015 for removing the obstruction. John resisted.