SELVI AND ORS. Vs. SUDHA DEVI AND ORS.

JUDGEMENT

(1.) The instant Civil Revision Petition is preferred by the petitioners, who are the Respondent Nos.14, 34, 36, 37, 38, 40 and 41 in the Execution Petition, as against the order passed in E.P.No.26 of 2013 in O.S.No.584 of 1977 on the file of the learned Principal District Munsif, Kuzhithurai, Kanyakumari District.

(2.) The said Execution petition was filed by the petitioners therein for the execution of the final decree passed in the aforesaid original suit dated 28.02.2013. Further, the said final decree was passed in pursuance of the preliminary decree passed in a suit for redemption of mortgage dated 09.02.1982. Apart from that the prayer made in the execution petition is for the delivery of the mortgaged property on redemption of the mortgage by demolishing the buildings therein.

(3.) The case of the Revision petitioners is that they have already purchased the lands from one Jenmie Tarawad and all of them have constructed houses and residing therein. Moreover, all their respective properties are having specific boundaries also. Apart from that these petitioners are not party in the suit, but had been impleaded in the Final Decree proceedings, hence no order can be passed in the execution proceedings as against them, but without considering these aspects, the learned judge has mechanically allowed the execution petition.