S.H. Kapadia, J. - (1.) Being aggrieved by the judgment and order dated 12.11.1997 passed by the High Court of Madras in C.R.P. No. 2960 of 1995, dismissing Miscellaneous Petition No. 600 of 1991 made by the decree holder under Order 21 Rule 97 of Code of Civil Procedure, this civil appeal has been preferred by grant of special leave.
(2.) For the sake of convenience, the parties herein are referred to as they are arrayed in the Executing Court.
(3.) The facts giving rise to this civil appeal are as follows:-- P. Janardhana Rao, the plaintiff filed an Ejectment Suit No. 44 of 1989 in the Court of Small Causes, Madras for getting possession from Chelladurai and Bhagyalakshmi. The suit was decreed on 31.7.1990. Pursuant to the said decree, the plaintiff filed Execution Petition No. 175 of 1991 for obtaining delivery of possession. Three obstructionists Kannan, Krishnan and Raji resisted the plaintiff decree holder from taking possession. In view of the said obstruction, the decree holder preferred miscellaneous petition No. 600 of 1991 under Order 21 Rule 97 CPC for removal of the obstruction put up by the aforestated three obstructionists (respondents herein). ;