JUDGMENT :

(Prayer: Petition filed under Section 115 of Civil Procedure Code, to set aside the order passed in E.A.No.4 of 2020 in E.P.No.32 of 2011 in O.S.No.42 of 2006 dated 17.03.2021 on the file of the III Additional District Court, Tirunelveli by allowing this Civil Revision Petition.)

1. The Civil Revision Petition has been filed to set aside the order, dated 17.03.2021 in E.A.No.4 of 2020 in E.P.No.32 of 2011 in O.S.No. 42 of 2006 passed by the learned III Additional District Judge, Tirunelveli.

2. The respondent herein/plaintiff has filed an application in E.A.No.4 of 2020 in E.P.No.32 of 2011 in O.S.No.42 of 2006 under Order 21 Rule 35 of C.P.C., to deliver the suit property, on the file of the learned III Additional District Judge, Tirunelveli, the same was allowed on 17.03.2021. Against the said order, the revision petitioner is before this Court.

3. This Civil Revision Petition has been filed on the ground that the Court below has failed to consider that relief of delivery of property was not prayed in the suit and no decree passed for delivery of possession, hence the Executing Court cannot go beyond the decree. The Court below has failed to properly appreciate under Order 21, Rule 35 of C.P.C., which clearly says 'decree for delivery immovable property' and in the present case, there is no decree for delivery of immovable property, hence the respondent cannot invoke under Order 21, Rule 35 of C.P.C. The Court below has failed to consider that the petitioner's wife has filed a suit in O.S.No.24 of 2019 on the file of the III Additional District Court, Tirunelveli to declare that the property is absolutely belongs to her and the same is pending.

4. Heard Mr.H.Arumugam, learned counsel appearing for the petitioner and Mr.V.Meenakshi Sundaram, for Mr.Navaneetha Raja, learned counsel appearing for the respondent. Perused the material documents available on record.

5. The respondent herein/plaintiff has filed a suit in O.S.No.42 of 2006 to direct the petitioner herein/defendant to execute a cancellation deed cancelling the sale deed, dated 15.05.2006 for Rs.95,000/-obtained by the defendant in Document No.514 of 2006 of the Office of the Sub-Registrar, Kalakad, within a day fixed by this Court failing which to execute the same through this Court.

6. The suit was decreed. To execute the cancellation deed, a petition in E.P.No.32 of 2011 in O.S.No.42 of 2006 was filed and the same was dismissed on the ground that the wife of the petitioner/defendant has purchased the property from the respondent herein/plaintiff.

7. The petitioner/defendant has filed an appeal in A.S.No.261 of 2009 and the same was partly allowed and allowed the prayer for cancellation of sale deed. S.L.P. was filed and the same was dismissed. Review Petition was also filed and the same was also dismissed.

8. Against the dismissal order in E.P.No.32 of 2011, the respondent/plaintiff has filed an appeal before this Court. After elaborate discussion, dismissal order in E.P was set aside by this Court.

9. The wife of the revision petitioner/defendant has filed an application in E.A.No.2 of 2019 under Section 47 of Civil Procedure Code to implead herself in the E.P. And the same was dismissed.

10. The respondent/plaintiff has filed an application in E.A.No.4 of 2020 under Order 21 Rule 35 for delivery of possession.

11. The wife of the petitioner/defendant has filed a suit in O.S.No. 24 of 2019 and the same is also pending.

12. In E.P.No.32 of 2011, the respondent herein/plaintiff sought for cancellation of sale deed as per decree. The sale deed also cancelled on 10.02.2020 and the E.P. Was closed.

13. Now, E.P.No.4 of 2020 was filed for delivery of possession and allowed by the learned III Additional District Judge, Tirunelveli. Aggrieved by the order, the petitioner/defendant has filed this present revision.

14. The suit was filed for cancellation of sale deed. Decree was also passed for cancellation. E.P. Was filed for cancellation of sale deed and the E.P. was also clo