COMMON JUDGMENT

These two Civil Miscellaneous Appeals are directed against the common order passed in the claim petition in E.A.No.54 of 2012 in E.A.No.1 of 2012 in E.P.NO.4 of 2010 in O.S.No.240 of 2004 and the claim petition in E.A.No.57 of 2012 in E.P.No.4 of 2010 in O.S.No.240 of 2004 on the file of I Additional District Court, Madurai. The Civil Revision Petition is directed against the order passed in E.A.No.1 of 2012 in E.P.No.4 of 2010 in O.S.No.240 of 2004, on the file of I Additional District Court, Madurai, dated 21.12.2017, dismissing the petition filed under Order 21 Rule 95 C.P.C., for delivery of the property.

2. The factual aspects leading to the filing of the present appeals and the revision are as follows:

For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking before the Executing Court.

(a) The properties comprised in Survey No.2787/1A and the building bearing Door No.9B at Vallabai road, Madurai Town originally belonged to one Mrs.Saroja and her sons Mohan, Nirmal Kumar and Viswanath. They have partitioned their common properties on 27.02.1995 and the same was subsequently confirmed by a partition list dated 27.