JUDGMENT

This Execution Second Appeal has been directed against the judgment in A.S.No.84/2003 on the file of Sub Court, Neyyattinkara which arose out of order in E.A.No.110/2001 in E.P.No.69/2000 in O.S.No.595/1986 on the file of II Additional Munsiff's Court, Neyyattinkara.

2. Appellant is the son of 16th judgment debtor and filed petition under Order 21 Rule 99 read with Section 151 CPC. The commissioner appointed to fix the boundaries of the decree schedule property visited the petition schedule property for executing the order. No decree has been obtained with respect to the petition schedule property having an extent of 10½ cents. It was not taken delivery by the decree holders. The tenancy right pertaining to the petition schedule property was released by the tenants in favour of the mother of the petitioner, the 16th judgment debtor in the year 1118 ME. The mother of the petitioner executed a settlement deed in favour of the petitioner and his brother as per document No.596/2000 and accordingly they obtained right and possession over that property. Mother also executed a sale deed in favour of father in the year 1997 with respect to a portion of petition schedule property. A