S.Jagadeesan, J.

The appeal is against the order dated 16.8.2002 in E.P.78 of 1997 in M.H.C.S.73 of 1981 on the file of Sub Court, Poonamallee. The first respondent filed the suit C.S.No.73 of 1981 on the file of this court for partition of the suit property and for allotment of half of his share. A preliminary decree was passed on 7.11.1985.

2.Subsequent to the preliminary decree, the first respondent filed an application 5412 of 1988 in C.S.73 of 1981 for passing final decree. An Advocate-Commissioner was appointed to suggest the mode of division. Subsequently this court passed the final decree on 25.4.1989. On the basis of the final decree, the first respondent also filed E.P.78 of 1997 on the file of the Sub Court, Poonamallee, praying for delivery of vacant possession of the disputed item herein.

3.The appellants got themselves impleaded in the said execution petition as sixth respondent and disputed the claim of the first respondent in the E.P. Overruling the objections raised by the appellant herein, the executing court ordered delivery. As against which the appeal has been filed.

4.The learned senior counsel contended that Order 21, Rule 98 and Order 21, Rule 101 C