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2005 Supreme(Ker) 14

K.THANKAPPAN
K. C. Vasumathy Amma – Appellant
Versus
Makkancherry Janaki Amma – Respondent


Judgment :-

The revision petition is filed against the order dated 12-2-1996 in E.P.No.221/89 in O.S.No.2/1958 on the file of the Sub Court, Kozhikode.’

2. The short facts leading to the revision petition are as follows:- Judgment debtor is the revision petitioner. After the death of the original revision petitioner, C.M.P.No.2314/2003 was filed for impleading the legal heirs of the original revision petitioner as additional 2nd revision petitioner and additional 2nd revision petitioner and additional respondents 2 to 7. After issuing notice to the supplemental respondents the petition for impleading is allowed. As per the decree, item, No.104 was sought to be delivered. The delivery was obstructed. No delivery effected and the E.P. was dismissed. Subsequently the E.P. was restored to file. By the impugned order symbolic delivery of item Nos. 31 to 34 and actual delivery of item No.104 were ordered. The petitioner contended that there was obstruction to delivery of possession to the decree holders and the procedure for removal of obstruction is under Order XXI Rule 97, which was not resorted to by them. Hence, the impugned order is illegal.

3. Learned senior counsel appearing for the







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