V GANDHIMATHI Vs. G THIYAGARAJAN

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed under Art. 227 of the Constitution of India to strike off the proceedings in E.P.No.76 of 2010, on the file of the learned II Additional Subordinate Judge, Coimbatore.

(2.) Heard Mr.C.Deivasigamani, learned counsel for the petitioners and Mr.V.V.Sathya, learned counsel for the respondents.

(3.) The only point for consideration in this revision is whether a decree for recovery of possession in respect of plaintiff-s absolute and exclusive property is executable without obtaining a final decree, when the decree granted covers two reliefs (a) decree for recovery of possession in respect of plaintiff-s absolute and exclusive property and (b) preliminary decree of partition in respect of a joint family property. The decree was granted in favour of the respondents in O.S.No.56 of 1983 on 29.07.1986 for two separate reliefs. One is a preliminary decree and the other relief granted is a decree for recovery of possession against the petitioners. The suit O.S.No.56 of 1983 was filed by Smt.Palaniammal and the respondents are her legal representatives. The suit was filed against M.Venkatachalam and the petitioners are his legal representatives. The said suit was filed for recovery of possession in respect of suit A schedule property which is the absolute property of the plaintiff and for partition in respect of suit B schedule property which is a joint family property.