GEETHA Vs. KRISHNABAI

JUDGEMENT

(1.) The civil revision petitioners herein are the Judgment debtors on the file of the X Assistant Judge, City Civil Court, Chennai in E.P.No.2686 of 2008 and the defendants 3 to 6 in the suit in O.S.No.915 of 1983, on the file of the VIII Assistant Judge, City Civil Court, Chennai. The civil revision petitioners have prayed to set aside the order and decreetal order dated 14.12.2009 in E.P.No.2686 of 2008 in O.S.No.915 of 1983, on the file of the learned X Assistant Judge, City Civil Court, Chennai.

(2.) The short facts of the case are as follows:- The plaintiffs have filed a suit in O.S.No.915 of 1983 against the defendants/revision petitioners for partition and separate possession. The same was decreed on 11.08.1988. Pursuant to the decree, the decree holder had filed execution proceedings in E.P.No.2686 of 2008 to execute the decree passed in O.S.No.915 of 1983, dated 11.08.1988. The defendants/Judgment debtors had also filed an appeal suit in A.S.No.99 of 1999, before the Additional District Judge, Fast Track Court No.II, Chennai. The same was dismissed on 23.02.2007 and the Judgment and Decree passed by the VIII Assistant Judge, City Civil Court, Chennai in O.S.No.915 of 1983, dated 11.08.1998 was confirmed. As such, the above said E.P.was initiated against the Judgment debtors for delivery of possession of the entire Schedule-B property of the suit in O.S.No.915 of 1983, on the file of the VII Assistant Judge, City Civil Court, Chennai. The property is situated at Door No.19, Pantheon road, Egmore, Chennai-600 008.

(3.) The E.P.Proceedings in E.P.No.2686 of 2008 was ordered on 14.12.2009, by the learned X Assistant Judge, City Civil Court, Chennai. The learned Judge has passed Order as follows: