ABDULHAMEED Vs. MOHAMMED ABDULLAH (DIED)

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order passed by the learned District Munsif, Manapparai in E.P.No.33 of 2015 in O.S.No.209 of 2001 dated 15.12.2017.

(2.) The facts of the case are that the respondents herein, as plaintiffs, have instituted a suit in O.S.No.209 of 2001 on the file of the District Munsif Court, Manapparai seeking the relief of declaration and permanent as well as mandatory injunction against the petitioner herein/defendant. The said suit was partly allowed, against which, the respondents herein have preferred an appeal in A.S.No.196 of 2011, which was allowed as prayed for. Aggrieved over the same, the petitioner herein has preferred a second appeal in S.A.(MD)No.SR35467 of 2016. In the meanwhile, the respondents have filed execution petition in E.P.No.33 of 2015, based on the decree and the same was allowed, thereby eviction and delivery were ordered. Aggrieved over the same, the present civil revision petition came to be filed.

(3.) Narrating the events that took place, the learned Counsel for the petitioner would submit that "Appeal is continuation of Trial" and despite a memo regarding the pendency of second appeal was filed before the Court below, the Executing Court has ordered eviction and re-delivery, based on the application of the respondents.