RAMESH VENKAT Vs. NARASHIMHAN AND OTHERS

JUDGEMENT

(1.) This execution petition has been filed seeking delivery of possession pursuant to a decree in C.S.No. 810 of 1996.

(2.) The short facts that led the Master directing the execution petition to be posted before the Court are as follows:

(3.) Based on the said agreement, the plaintiff/decree holder instituted a suit in C.S.No. 810 of 1996. Pending the said suit the sole defendant in the suit namely, the agreement vendor died on 2/4/1998. However, his legal representatives were not brought on record in the suit. An exparte decree came to be passed against the dead person on 28/2/2001. After obtaining the said ex-parte decree, the decree holder appears to have filed an Execution Petition in E.P.No. 73 of 2001. Notice sent in the execution petition appears to have been returned on the ground that the judgment debtor is dead and subsequently the legal heirs were impleaded. Upon their failure to execute the sale deed, this Court directed a sale deed to be executed by its Officer and a sale deed came to be executed on 4/4/2005. Based on that sale deed, now the decree holder has come forward with this execution petition seeking delivery of possession.