JUDGMENT :

EASWARAN S., J.

The Execution Second Appeal arises from an order in E.A.No.38/2011 in E.P.No.247/2010 in O.S.No.299/2003.

2. The brief facts necessary for the disposal of the appeal are as follows:

O.S.No.299/2003 is a suit for mandatory injunction directing the State Government to return the property which was relinquished in favour of the Government on 05.09.1967. Finding that the purpose for which the relinquishment was made did not happen, the suit was instituted. The suit was decreed directing the State Government to hand over the possession of the property. For execution of the judgment and decree dated 13.07.2005 in O.S.No.299/2003, the appellant preferred E.P.No.247/2010. In the execution petition, an application under Order XXI Rule 97 of the Code of Civil Procedure, 1908 (CPC) was preferred by the 1^st respondent raising an objection against the execution of the decree on the ground that the decree holder did not have any right, title and interest over the decree schedule property. The application was initially dismissed on the ground that the same is not maintainable inasmuch as the claim petitioner was not in possession of the property. Aggrieved, A.S.No.53/2013 w