S.A.BOBDE, L.NAGESWARA RAO
Sheela Jerald – Appellant
Versus
Pushpadasan – Respondent
ORDER :
1. Leave granted.
2. This appeal is directed against the judgment and final order passed by the High Court of Kerala at Ernakulam in O.P. (C) No.2230 of 2015, dated 17.02.2017 whereby the High Court while disposing of the original petition dismissed the execution petition by setting aside the order of II Additional Munsiff, Thiruvananthapuram allowing the execution of order dated 28.07.2011.
3. The High Court has refused to entertain an execution petition filed by the appellants for enforcing the order of interim injunction granted to them restraining the purchaser from disturbing the peaceful possession of the premises and further directing him to vacate the premises in question.
4. The sole ground on which the High Court has refused to permit execution of the order is that the order sought to be enforced by execution is an interim order. This finding of the High court is obviously untenable in view of Section 36, C.P.C. which reads as under :
"36. Application to orders- The provisions of this Code relating to the execution of decrees (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (in
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