S NAGARAJAN Vs. GUDLU K RANAGASAMY CHETTIAR

JUDGEMENT

(1.) This revision is filed by the petitioner/third party in the execution petition initiated against the fair and decretal orders passed in E.P.No.286 of 1993 in O.S.No.88 of 1962 dated 22.7.1996 on the file of the II Additional Subordinate Judge, Coimbatore.

(2.) The revision petitioner/third party filed the execution petition in E.P.No.286 of 1993 on the file of the II Additional Subordinate Court, Coimbatore on the basis of the registered sale deeds dated 7.10.1992 and 31.3.1993 executed by the 13th defendant in the suit on the ground that he has stepped into the shoes of his vendor and that therefore the possession of the properties purchased by him has to be delivered by the respondent/9th defendant in suit as per the final decree. The respondent resisted the execution proceedings by filing a counter and after analysing the evidence of both the parties and upon hearing the arguments advanced by them, the learned Subordinate Judge dismissed the execution petition without costs. Hence, the revision.

(3.) The facts leading to the filing of the revision petition may be stated briefly as under: In the suit for partition in O.S.No.88 of 1962, the final decree was passed in I.A.No.563 of 1996 on 27.9.1966 on the file of the Subordinate Judge, Coimbatore and the properties mentioned in the schedule to the execution petition were allotted to the 13th defendant, deceased husband of Konammal who sold the said properties to the revision petitioner herein under the said registered sale deeds. After the death of the 13th defendant, his wife Konnmmal filed the execution petition in E.P.No.206 of 1982 against the 9th defendant for delivery of possession of the properties as per the final decree. While so, the executing court passed an order dated 19.10.1984 on merits directing the 9th defendant to deliver vacant possession of the petition mentioned properties to the petitioner, the said Konnammal.