K. SUNDARI Vs. K. SUSEELA AND ANOTHER

JUDGEMENT

(1.) The appellant in SA. No. 584/2016 is the review applicant herein and the present review petition is filed to review the judgment dated 27.04.2017 made in SA. No. 584/2016.

(2.) The appellant/review applicant is the Obstructor and the 2nd respondent in A.No. 264/2012 in EP.No.461/1999 in OS. No. 183/1991 on the file of the Court of the learned IX Assistant City Civil Judge, Chennai and she is also the wife of the judgment Debtor, viz., Thiru M.Kannan. An obstruction has been caused in respect of the premises bearing Door No.19A, Rajamangalam Main Road, Villivakkam, Chennai-49, which came to be rejected on 20.04.2015 and challenging the same, the appellant/review applicant/Obstructor has filed an appeal in AS.No.144/2015 on the file of the Court of the learned VI Additional City Civil Judge, Chennai and it was dismissed vide judgment and decree dated 26.02.2016 and challenging the legality of the decree, has filed the Second Appeal.

(3.) This Court, in the impugned judgment dated 27.04.2017 passed in SA.No.584/2016, had exhaustively dealt with the factual and legal aspects and noted that the Auction Purchaser, after getting the Sale Certificate in respect of the property, filed EP.No.461/1999 for delivery of possession and when the Bailiff went to the premises for evicting and delivery of the premises bearing Door No.19, the review applicant/appellant, had obstructed the delivery of the property stating that she is residing in Door No.19A and therefore, the delivery and possession cannot be taken. The Bailiff has noted the said obstruction and submitted his report dated 23.02.2010.