ORDER :

R.Vijayakumar, J.

The legal heirs of the 5^th defendant in O.S.No.72 of 1984 on the file of the District Munsif Court, Aranthangi have filed the present civil revision petition challenging the order of delivery passed by the Executing Court in E.P.No.48 of 2010.

(A) Factual Backgrounds:

2. The ancestors in title of the respondents 1 to 5 herein had filed the above said suit for the relief of partition and separate possession.

3. A preliminary decree came to be passed on 13.04.1994. The legal heirs of the plaintiff had filed I.A.No.105 of 1998 for passing of final decree and a final decree came to be passed on 22.12.2003. Based upon the said final decree, the legal heirs of the plaintiff have filed E.P.No.48 of 2010 seeking delivery of the property allotted to them in the final decree. Under the impugned order, the Executing Court has allowed the delivery application. Challenging the same, the present civil revision petition has been filed by the legal heirs of the 5^th defendant.

(B). Submissions of the counsels appearing on either side:

4. The learned counsel appearing for the revision petitioner herein has challenged the executability of the final decree passed in the partition su