M PALANISAMY Vs. VALMOORTHY

JUDGEMENT

(1.) This revision has been preferred against the order passed by the lower Court in E.A. No. 122 of 2007 in E.P. No. 22 of 1985 in O.S. No. 1231 of 1978 dated 22.8.2008.

(2.) The petitioner herein was the fifth respondent before the lower Court. The first respondent had filed petition for ordering delivery of the petition mentioned property in pursuance of the decree passed in his favour and the lower Court had ordered delivery of possession as per the request of the petitioner/decree holder. Aggrieved against the order passed by the lower Court, the fifth respondent has preferred this revision petition.

(3.) The case of the petitioner (first respondent herein) before the lower Court are briefly stated as follows: The petitioner is the decree holder in O.S. No. 1231 of 1978 and in accordance with the decree passed in favour of the petitioner, he had filed execution petition in E.P. No. 22 of 1985 and a sale deed was executed in favour of the petitioner. Thereafter, when he launched another EP for delivery of possession of the suit property, the fifth respondent had obstructed the execution and therefore, the petitioner had filed E.A. No. 280 of 1997 for removal of third party obstruction. The said application was allowed on 15.6.2007 and, therefore, the petitioner/decree holder was entitled to get the fruits of the sale deed obtained from the Court on 25.6.2007 by delivery of possession of the property. Therefore, the petitioner prayed for the delivery of petition mentioned property in his favour and such other orders that may be passed in the circumstances of the case.