1. The appellants are additional petitioners 2 to 4 in E.A.No.799 of 2003 in E.P.No.793 of 2002 in O.S.No.318 of 1970 on the file of the Principal Munsiff's Court, Cherthala. Predecessor in interest of the appellants, namely, Haridasan had filed the above application E.A.No.799 of 2003 under Order XXI Rule 97 and Section 151 of the Code of Civil Procedure resisting the delivery of suit property to the decree holder/the 1st respondent. Pending enquiry on the application, the petitioner Haridasan having passed away, his legal representatives, the appellants were substituted. The execution court, after enquiry, in which, the appellants and also the 1st respondent/decree holder tendered evidence, dismissed the petition. As against the dismissal of that petition, the appellants herein preferred an appeal as A.S.No.55 of 2008, which, after reappraisal of the materials, was turned down by the learned Sub Judge, Cherthala confirming the order of the execution court. Feeling aggrieved, the petitioners have preferred this second appeal.

2. Notice on admission being ordered, the 1st respondent/decree holder, who alone contested the petition before the execution court, entered appearan