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2005 Supreme(Ker) 143

K.T.SANKARAN
Thazhapattathillath Krishnan Namboodiri – Appellant
Versus
Thazhapattathillath Damodaran Namboodiri (Died) by L. R. and etc. – Respondent


Advocates:
K. Jagadeeschandran Nair and J. Krishnakumar, for Petitioners; M/s. V. V. Asokan and Sunil Shanker, for Respondents.

Judgement

ORDER :- The questions of law arising for consideration in these revisions are : (1) whether the Court can invoke Section 151 of the Code of Civil Procedure to enforce the decree for injunction and to pass an order directing delivery of the property to the decree holder from the judgment debtor who forcibly evicted the decree holder violating the decree : and (2) when a suit is withdrawn with liberty to file a fresh suit on the same cause of action, whether an order passed under Rule 29 of Order XXI staying the execution of the decree, would revive on filing the fresh suit ?

2. The facts necessary for disposal of these revisions are the following. O.S. No. 853 of 1968, on the file of the Court of the Munsiff of Kozhikode was filed by A. P. Damodaran Namboodiri against his brother Krishnan Namboodiri and the wife and children of Krishnan Namboodiri, for a declaration that the properties purchased as per Ext. A2 document dated 31-3-1933 in the name of Krishnan Namboodiri were acquired benami for the plaintiff Damodaran Namboodiri. There was also a prayer for consequential injunction restraining the defendants from entering into the plaint schedule properties. The suit was dec


































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