JUDGMENT

(Prayer: This Civil Miscellaneous Second Appeal is filed under XXI Rule 90 of A.S.Rules read with Section 100 Code of Civil Procedure against the judgment and decretal order of the learned Subordinate Judge, Namakkal dated 01.11.2017 in C.M.A.No.2 of 2007, confirming the fair and decretal order of the learned Additional District Munsif, Namakkal dated 06.12.2006 in E.A.No.927 of 2005 in E.P.No.149 of 2003 in O.S.No.768 of 1994.)

1. The legal representatives of the Judgment Debtor are the appellants before this Court challenging the order passed by the learned Additional District Munsif, Namakkal in E.A.No.927 of 2005 in E.P.No.149 of 2003 filed by the first respondent herein to execute the decree obtained by him in O.S.No.768 of 1994 on the file of the very same Court.

Facts of the case:

2. It would be necessary to give a brief history of the facts, which has ultimately culminated in the filing of the impugned application by the appellants herein under Order XX1 Rule 90 of the Code of Civil Procedure Code, hereinafter for the sake of brevity referred to as CPC.

(i) The first respondent herein had filed a suit O.S.No.768 of 1994 on the file of the Additional Dist