Y.ANTONY Vs. K.JAGADEESAN

JUDGEMENT

(1.) The civil revision petitioner is the decree holder in E.P.No.192/2009 in O.S.No.3671 / 2003 on the file of the X Assistant Judge, City Civil Court, Chennai. He filed the suit in O.S.No.3671/2003 before the XVII Assistant Judge, City Civil Court, Chennai for a permanent injunction restraining the respondents herein from interfering with his peaceful possession and enjoyment of the suit property situate in S.No.19/3 of Kolathur Village, Perambur , Purasaivakkam Taluk measuring 200 sq.ft. The suit was decreed in favour of the revision petitioner by the XVII Assistant Judge, City Civil Court, Chennai vide his decree and judgment dated 27.03.2006. Subsequently, the revision petitioner filed E.P in SR 36724 of 2018 in O.S.No.3671 of 2003 before the X Assistant Judge, City Civil Court, Chennai under Order XXI Rule 35 read with Section 151 of the Code of Civil Procedure for recovery of possession of the suit property from the respondent herein.

(2.) The learned X Assistant Judge, City Civil Court, Chennai, rejected the execution petition on the following grounds.

(3.) Aggrieved over the Order passed by the X Assistant Judge, City Civil Court, Chennai, the civil revision petitioner filed a civil revision petition in CRP(NPD) 4245 of 2008 before this court. This court in its order dated 22.12.2008, allowed the civil revision petition and directed the X Assistant Judge, City Civil Court, Chennai to take the EP SR36724 of 2008 on its file and number the application. Subsequently, the petition was taken on file and numbered as EP No.192 of 2009 and the respondents filed their counter. After full contest, the X Assistant Judge, City Civil Court, Chennai vide his fair and decreetal order dated 18.12.2009, dismissed the E.P.No.192 of 2009 on the following grounds