MUNIYAPPAN Vs. KARUPPAIYAH

JUDGEMENT

(1.) For the sake of convenience, the parties are referred to as per their original nomenclature mentioned in the suit.

(2.) The revision petitioner/party-in-person is the plaintifff in the suit in O.S.161 of 2007 on the file of the District Munsif, Sivagangai and in the suit, the plaintiff sought for partition amongst various other relief. The suit was partly decreed in favour of the plaintiff on 28.02009, against which, both the plaintiff and the defendants 7 and 8 had preferred appeals in A.S.No.41 and 42 of 2010 before the learnred Sub-Judge, Devakottai. The First Appellate Court, after perusing the entire records, had dismissed the appeal filed by the defendants 7 and 8 and allowed the appeal filed by the plaintiff.

(3.) Thereafter, the defendants 7 and 8 preferred Second Appeal in S.A.(MD) No.683 of 2011 before this Court and this Court was pleased to dismiss the second appeal on 14.02014. Pursuant to the same, the plaintiff had filed E.P.No.17 of 2015 in O.S.No.161 of 2007 for execution of the decree passed in the suit and the same was preliminarily allowed by the Trial Court. Subsequent thereto, the defendants 7 & 8 have filed E.A.No.16 of 2018, seeking to dismiss the execution petition. Pending the same, the plaintiff has filed this petition, seeking to strike off the execution application.