CHELLAN @ VELAYUDHAM Vs. SASIDHARAN

JUDGEMENT

(1.) The review applicant has preferred this application seeking the review of the order dated 02.08.2017, of this Court passed in C.R.P. (MD) No.1107 of 2017.

(2.) C.R.P. (MD) No.1107 of 2017 has been preferred impugning the order passed in E.P.No.58 of 2016 in O.S. No.293/1983, dated 25.04.2017, on the file of the Principal District Munsif Court, Kuzhithurai.

(3.) On a perusal of the materials placed, it is found that the suit in O.S.No.293/1983 had been preferred by the first respondent/plaintiff for redemption of mortgage and possession. It is found that, after contest, the said suit ended in favour of the first respondent/plaintiff and it is also further found that the first appeal and second appeal preferred, challenging the same, had been dismissed. Pursuant to the grant of the final decree in the matter in favour of the first respondent/plaintiff, dated 10.02.2014 and the same had not been challenged and having become final, it is found that the first respondent had levied the execution proceedings in E.P.No.58 of 2016, against the defendants for recovery of possession. In that matter, it is found that the plea had been taken by the review applicant that his wife had purchased an extent of 10 Cents of land from the original owner Velayuthan Nadar in the suit survey number and therefore, under the guise of the decree obtained by the first respondent/plaintiff in O.S. No.293/1983, he cannot be allowed to obtain the possession of the 10 Cents of land to which his wife is entitled to.