This Civil Miscellaneous Appeal is filed against the order dated 7.7.2008 made in EA.No.18/2007 in EP.No.83/2003 in OS.No.45/1999 by the learned Additional District and Sessions Judge (FTC-V) Coimbatore at Tiruppur, allowing the petition filed by the obstructor/3rd party under Order 21 Rules 97, 99 and 101 of CPC, thereby excluding the undivided 1/3rd share of the petitioner/obstructor from execution of the decree passed in EP.No.83/2003.

2. The original suit in OS.No.457/1999 was instituted by the Appellant/decree holder for specific performance of agreement of sale dated 16.0.1996 against the deceased 1st Defendant Subbaraya Gounder and his sons, Respondents 2 and 3 herein/Defendants 2 and 3. The registered sale agreement was executed by the deceased 1st Defendant and his sons Defendants 2 and 3 in favour of the Appellant. During the pendency of the suit, the father of the Defendants 2 and 3 died and an application in IA.No.1224/2001 was filed by the Appellant/Plaintiff in OS.No.457/1999 to amend the short and long cause title to add the word 'died' after K.Subbaraya Gounder 1st Defendant in the suit and also for amendment by adding paragraph (3a) after paragraph (3) o