LAWS(MAD)-2018-6-1599

VIJAYALAKSHMI AND OTHERS Vs. PUSHPARANI AND OTHERS

Decided On June 21, 2018
Vijayalakshmi And Others Appellant
V/S
Pushparani And Others Respondents

JUDGEMENT

(1.) The respondent/plaintiff filed the suit against the revision petitioner in O.S.No.2978 of 1999 for partition and permanent injunction before the XI Assistant City Civil Court, Chennai and preliminary decree was passed in favour of the respondent/Decree Holder, dated 18.07.2003 and challenging the preliminary decree, the Judgment Debtors/Defendants 1 &2 have preferred the appeal in A.S.No.488 of 2007 on the file of the VI Additional District Judge, Chennai. The first appellate court confirmed the judgment and decree passed by the Trial Court, against which the petitioner herein filed second appeal before this Court. This court while deciding the second appeal in S.A.No.1347 of 2008, dated 02.03.2011 modified the judgment and decree passed by the courts below as follows:

(2.) According to the decree passed by this Court, before executing the final decree, the plaintiff or the respondents 3 to 6 have to approach the Authority under Section 29 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 for getting suitable orders and the said finding was not challenged by filing further appeal. Subsequently, final decree was passed on 10.10.2011 and thereafter, the Decree Holder/Plaintiff has filed the Execution Petition in E.P.No.4361 of 2014 against the Judgment Debtors/Defendants before the executing Court to deliver the vacant possession of the schedule mentioned property in favour of the Decree Holder. The revision petitioners/defendants have filed the application under section 47 of Civil Procedure Code stating that the final decree was passed by the trial court without complying with the condition imposed this Court in S.A.No.1347 of 2008, dated 02.03.2011.

(3.) The Executing Court has failed to consider as to whether the condition imposed by this Court in S.A.No.1347 of 2008, dated 02.03.2011 was complied with or not and court below has simply dismissed the application under Section 47 proceedings without giving any valid reason. Being aggrieved by the order passed by the E.P. Court in E.A.No.1019 of 2016, dated 31.08.2016, the revision petitioners/defendants have approached this Court by way of filing this Civil Revision Petition.