G. SELVAMOORTHY Vs. HEERACHAND JAIN

JUDGEMENT

(1.) Aggrieved over the order of dismissal passed by the Master in Application Nos.596 and 597 of 2018 under section 47 of CPC, the following applications have been filed by the applicants:

(2.) The facts leading to file these applications are as follows:

(3.) The main contention of the learned counsel for the applicant is that the suit was decreed for specific performance. There was no order in respect of the delivery of possession. Therefore, the execution court has no right to order the delivery of possession. Hence, Execution Petition filed for delivery of possession is not maintainable. Hence the order dismissing the applications under Section 47 of CPC by the learned Master is not maintainable and liable to be interfered with. In his submissions, he has also relied upon a judgment reported in Vasantha v. Manickam and Others, 2017 3 MadLJ 662 and vehemently contended that unless relief of delivery of possession ordered in the main suit, the execution court cannot order for delivery of possession.