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Challenge has been made against the dismissal of the application filed by the revision petitioners under section 47 of the Civil Procedure Code in the Execution Proceedings in E.P.No.175 of 1991 in Ejectment Suit in O.S.No.44 of 1987.

2. The suit has been filed for ejectment of the defendants from the suit property. The suit has been decreed on 31.07.1990 and the same has reached finality. The plaintiffs filed execution petition for recovery of possession of the suit property. The petitioners are the tenants from the year 1981. At this stage, an application has been taken out under section 47 of the Code of Civil Procedure mainly on the ground that the property is a Government land and https://www.mhc.tn.gov.in/judis several occupants are already in enjoyment of the property and the decree holder based on the fraudulent document obtained a decree. Therefore, the said application has been filed. According to revision petitioners, a Vinayagar temple is also situated in the property and the land has been classified as Government land. The said petition has been opposed on the ground that the suit was contested by revision petitioners and other obstructors and all other earlier proceedings have been dismissed and the same has been upheld by the Supreme Court. The Execution Court considered the earlier applications filed in the year 1991 by the obstructors including the judgment debtor, which has been upheld by the Apex Court in the year 1998 and thereafter, once again E.A.No.10 of 2024 has been filed to examine the Tahsildar, which was also dismissed by the Court. That apart, the evidence of P.W.1 and P.W.2 has also been considered, wherein, it clearly admitted the title of the respondents and dismissed the application.