COMMON ORDER

CRP(MD)No.249 of 2021 has been filed by a third party to the suit in O.S.No.8/2011 on the file of Additional District Court at Dindigul. The parties in the revision petition are described as per the nomenclature allotted in the suit.

2.The 1st respondent in the revision petition is the plaintiff/decree holder. The 2nd respondent in the revision petition is the 1st defendant in the suit and one Perumal Naidu who died during the pendency of the proceedings is the 2nd defendant. The suit was filed for specific performance and the suit was decreed on 04.06.2012 as against the 1st defendant.

3.The plaintiff filed E.P.No.2/2014 seeking execution of sale deed against Rajapandi(D1). As he remained exparte, the Court itself executed sale deed on 01.07.2016. Thereafter, the decree holder filed E.P.No.70/2019 seeking delivery of possession. Pending E.P., one Balammal wife of Perumal Naidu filed E.A.No.61/2019 claiming title to the property based upon the will dated 25.09.1995. After enquiry, E.A.No.61/2019 was dismissed on 06.01.2021 on merits.

4.Pending claim petition, the decree holder filed application for removing the constructions to break open the property and police aid. The c