4.Learned Counsel for the respondent submitted that the suit was filed for removal of super structure in the suit property, which is a common pathway. The suit was filed in the year 2012 and it was decreed on 08.11.2017. The petition in E.P.No.6 of 2019 is pending from the year 2019. The first appeal preferred by the petitioners was dismissed and thereafter, S.A.(MD)No.572 of 2019 was filed before this Court and the same was also dismissed on 17.01.2020. Though the judgment and decree passed in O.S.No.163 of 2012 has been confirmed by this Court, the petitioners have filed a suit in O.S.No.2 of 2021 in order to drag on the execution proceedings further. The schedule of the suit property is very clear and the Execution Court can pass orders only based on the decree passed in the suit, which was already confirmed by the appellate Courts. After considering all these aspects, the Execution Court has passed an order of delivery and the same does not warrant any interference. Hence, he prayed for dismissal.
