VENKATAPPA GOUNDER Vs. RAMESH

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal has been filed by the appellant/plaintiff Venkatappa Gounder, challenging the judgment and decree passed in CMA.No.11 of 2007 dated 08.12.2009 by the learned Additional District Judge (Fast Track Court-II), Gobichettipalayam holding that Venkatappa Gounder is not entitled to get any relief, thereby confirming the fair and final order of the District Munsif, Gobichettipalayam in E.A.No.104/2000 in E.P.No.13/2000 in O.S.No.226/1999 dated 20.06.2005.

(2.) The brief facts of the case are as follows:

(3.) After filing the Counter Affidavit by the 1st respondent therein/appellant herein, the Execution Court passed an order, allowing the E.A.No.104/2000 on 20.06.2005 holding that the ex- parte decree holder in O.S.No.226/1999 is not at all entitled to the delivery of possession as sought for because the subject matter of the suit had already been sold in favour of the 3 rd party under a Sale Deed dated 27.05.1999 which is prior to the filing of the suit in O.S.No.226/1999 on 15.06.1999 and as such, the transfer of the suit property had not even pending litigation in the proceedings. Aggrieved by the said order dated 20.06.2005 passed in E.A.No.104/2000, the appellant herein has also filed CMA.No.11/2007 before the learned Additional District Judge, Fast Track Court-II, Gobichettipalayam. The same was also dismissed by judgment and decree dated 08.12.2009. Aggrieved over the same, the present Civil Miscellaneous Second Appeal has been filed.