K.R.KAMALAKAR Vs. T.D.PADMAVATHY

JUDGEMENT

(1.) The 11th Defendant in the OS No.7524 of 2010 on the file of the learned XV Additional Judge, City Civil Court, Chennai, is the petitioner herein.

(2.) Before the trial Court, 1st respondent in the Civil Revision Petition filed a suit as against respondent Nos.2 to 13 and against the present revision petitioner, seeking the relief of recovery of vacant possession of the schedule mentioned property from the defendants and for the damages amounting to Rs.5,40,000/- alongwith further interest on the said amount at the rate of 12% per annum from the date of the plaint, till date of recovery and for the costs of the suit.

(3.) Subsequent to the filing of the suit on 26.09.2012, the learned XV Additional Judge, City Civil Court, Chennai, passed an exparte decree and accordingly, the suit was decreed as prayed for, together with interest at the rate of 6% per annum, from the date of plaint, till the date of realisation. Subsequent to the passing of the decree, the decree holder/plaintiff, filed an execution petition in EP No.4727 of 2012, praying for a direction to the judgment debtors, to vacate and hand over the vacant possession of the schedule mentioned property under Order XXI Rule 35 of the Code of Civil Procedure.