JUDGMENT :

PRAYER:- Civil Miscellaneous Appeal filed under Order 43 Rule 1(ja) of C.P.C. to set aside the decreetal order dated 29.04.2016 passed in E.A.No.105 of 2011 in E.P.No.12 of 2009 in O.S.No.10 of 2008 on the file of the Principal District Judge, Tirunelveli.

The above appeal has been filed by a third party to the suit in O.S.No.10 of 2008 on the file of the Principal District Court, Tirunelveli challenging the dismissal of his application under Order 21 Rule 101 of C.P.C seeking to deliver possession of the suit schedule property.

Factual Matrix:

2. Admittedly one V.Velladurai is the owner of the suit schedule property. It is alleged by the plaintiff/Muneeswaran that the said Velladurai had executed a registered sale agreement on 13.08.2002 in his favour for a sale consideration of Rs.9,00,000/-. Alleging non performance of the said sale agreement, the suit for specific performance was filed by Muneeswaran on 29.01.2008 in O.S.No.10 of 2008 for the relief of specific performance.

3. The defendant had remained exparte and an ex-parte decree was passed on 09.09.2008. The plaintiff had filed E.P.No.12 of 2009 for execution of the sale deed and the judgement debtor had remained exp