K CHANDRASEKARAN Vs. C J KALAIYAMURTHY

JUDGEMENT

(1.) The instant civil revision petition has been filed challenging the order dated 26.06.2014 passed by the learned Principal Sub Judge, Puducherry in E.P.No.38 of 2013 in O.S.No.99 of 2006.

(2.) The petitioners are the judgment debtors in the execution petition E.P.No.38 of 2013 filed by the respondent before the learned Principal Sub Judge, Puducherry under Order XXI Rule 35(i) and 3 of Civil Procedure Code to direct the petitioners to deliver possession of B schedule property, as per the Judgment and decree dated 17.09.2009 passed in O.S.No.99 of 2006.

(3.) A counter affidavit was filed by the petitioners in E.P.No.38 of 2013 stating that shop bearing Door No.204 forms part of the building bearing Door Nos.202 and 206 and they were one unit. According to the petitioners/judgments debtors, Door Nos.202 and 206 which belongs to them, is on the east, west and north of Door No.204 and roof of Door Nos.202 and 206 rest on the three walls of the shop bearing Door No.204 which was purchased by the respondent/decree holder from Mohammed Siddique Ali under sale deed dated 03.09.2001. It is the case of the petitioners that if the three sides walls are demolished, the entire roof in their property bearing Door Nos.202 & 206 would collapse.