Maria Alda Estrelina & Another vs Antonio Pinto & Others on 5 May, 2000
11. Learned Advocate for the petitioner has relied upon a judgment of the Apex Court in Rajeshwari Amma and another v. Joseph and another (supra). In that case, Decree Holder Rajeshwari Amma, Sukumara Pillai and Neelamma Pillai had filed execution proceedings which were ordered to be executed. The respondent went in revision, in which only Rajeshwari Amma and Sukumara Pillai were impleaded as respondents, omitting Neelamma Pillai. In other words, order of executing Court directing delivery of possession which was executed and possession taken in favour of three persons was challenged against only two persons. The order in favour of Neelamma Pillai became final. The property involved in the execution was undivided between the decree-holders. The High Court had set aside the order in which only two of the three decree-holders had been joined as respondents. The question before the Apex Court was whether the High Court was right in allowing the revision against the unimpleaded respondents and whether that order also came in aid of the appellants Rajeshwari Amma and another. The Apex Court held since the order of delivery of possession in favour of the decree holders is common and inseparable and since it became final as against Neelamma, the High Court was not right in setting aside the order as against the two respondents, namely the appellants.