JUDGMENT

This Appeal has been filed to set aside the order, dated 18.09.2013 in E.A.No.9 of 2009 in E.P.No.29 of 2008 in O.S.No.3 of 2006, on the file of the II Additional District Court, Thoothukudi.

2. The 3rd party/Claimant has filed an application in E.A.No.9 of 2009 in E.P.No.29 of 2008 in O.S.No.3 of 2006 on the file of the II Additional District Court, Thoothukudi, under Order 21 Rule 58 of the Civil Procedure Code to declare that the petitioner is the lawful owner of the schedule mentioed property and hence, allow the claim petition with reference to the schedule mentioned property alone shown as 1st schedule in O.S.No.3 of 2006 and the same was allowed on 18.09.2013. Against the said order, the Appellant/decree holder is before this Court.

3. Heard on either side and perused the material documents available on record.

4.The appellant has obtained a decree in favour of him and against the respondent Nos.2 & 3 herein. Since the respondent Nos.2 & 3 have not complied with the Judgment and Decree passed by the trial Court, the appellant has filed a execution petition in E.P.No.29 of 2008. During the pendency of the said E.P., the 1st respondent herein had filed an application in E