ORDER

This Civil Revision Petitions is directed as against the docket order dated 22.06.2018 passed by the learned IX Assistant Judge, City Civil Court, Chennai in E.P.No.3495 of 2015 in O.S.No.4714 of 1999, thereby issuing fresh warrant as against the petitioner.

2. The petitioner is the judgment debtor and the respondents are the decree holders. The petitioner acquired land for the development of Besent Nagar Phase-II scheme for the total extent of 96.92 acres comprised in Survey No.88/1, 2 etc of Thiruvanmiyur Village, Mylapore Taluk, Chennai. For the administrative purpose, the entire extent of 96.92 acres was split up into five blocks. The land in survey No.86/13A and 86/13B ad measuring 20 cents and 21 cents respectively, falls in block No.III out of the total extent of 23.44 acres. The Acquisition Officer has passed an award vide Award No.5/86 dated 23.09.1986 including the land comprised in Survey No.86/13A and 86/13B ad measuring 20 cents and 21 cents respectively.

3. The land comprised in survey No.86/13A to an extent of 20 cents registered in the name of Kadambadi Ammal under patta No.30. She had sold it in favour of the first respondent herein on 14.04.1981 vide registered document No.1346/81. Similarly, the another land to an extent of 21 cents comprised in Survey No.86/13B registered in the name of one Durairaj under patta No.150. He had sold out the said land in favour of the second respondent herein on 26.03.1981 vide document No.2285/81. Both the respondents herein have purchased the said properties after 4(1) notification dated 09.08.1978. As per the award, they were ordered to pay the compensation on production of original documents. Aggrieved by the said award the respondents filed petition in L.A.O.P.No.146 of 1987 before the learned VI Assistant Judge, City Civil Court, Chennai and by the judgment and decree dated 08.11.1990, the said Court fixed the land value at Rs.500/- per cent against the value at Rs.328/-.

4. In fact, the respondents filed writ petition before this Court in W.P.Nos.17231 and 17232 of 1997 for direction directing the petitioner to consider their application for issuance of no objection certificate on 04.06.1997. Both the writ petitions were dismissed as withdrawn by this Court by an order dated 19.11.1997 with liberty to prosecute appropriate remedy before the appropriate forum. Even before the said writ petitions, they also filed another writ petition in W.P.No.11895 of 1986 challenging the acquisition proceedings and the same was also dismissed as withdrawn by an order dated 18.11.1988.

5. While being so, suppressing the above facts, the respondents have filed a suit in O.S.No.4717 of 99 for declaration declaring that the award passed in Award No.5 of 1986 dated 23.09.1986 has become unenforceable and mandatory direction directing the petitioner to issue no objection certificate in respect of the above said properties in favour of them as per their application dated 04.06.1997 to deal with the properties. The said suit was decreed on 30.04.2001 and the petitioner preferred an Appeal Suit in A.S.No.273 of 2003 and the same was also dismissed on 08.10.2001. Aggrieved by the same the petitioner filed Second Appeal with the delay of 748 days before this Court and it was also dismissed on 05.03.2009. Aggrieved by the same, the petitioner filed Special Leave Petition before the Hon'ble Supreme Court of India in S.L.P.(CS)No.18145 of 2014 to condone the delay of 1906 days and the same was also dismissed on 17.11.2014.

6. In the mean while, on the strength of the decree obtained by the respondents, they filed Execution Petition in E.P.No.3495 of 2015 on the file of the IX Assistant City Civil Court, Chennai, to execute the decree dated 30.04.2001. In that Execution Petition, on 27.04.2016 directed the petitioner to issue no objection certificate within a period of one month. Thereafter, the said execution petition was dismissed for default for non- payment of batta. Therefore, the respondents f