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2014 Supreme(Ker) 479

B.KEMAL PASHA
Koyakutty Thangal – Appellant
Versus
Kavunni Raja – Respondent


Advocate Appeared:
For the Appellants:T.C. Suresh Menon, Jibu P. Thomas, P.S. Appu, A.R. Nimod, C.A. Anoop, Advocates.
For the Respondents:T. Krishnanunni, Senior Advocate.

Judgment

(1) Whether the judgment dated 25.03.2008 of this Court in W.P.(C)32951/2006 is per incurium against Order XXI Rules 97, 98, 101 and 105 of the Code of Civil Procedure 1908?

(2) Whether the said judgment is binding on these appellants?

(3) Whether the procedure established by law through Order XXI Rules 97, 98, 101 and 105 of the Code of Civil Procedure 1908 has become a fait accompli before the court below, on account of the said judgment?

(4) Whether the decrees in O.S.No.16/1976, O.S.17/1976, and O.S.18/1976 of the court below are binding on the rights being claimed by these appellants over the properties in their possession, in respect of which obstructions were caused by them in effecting delivery in execution of those decrees?

(5) Has the court below bypassed or circumvented the procedure established by law through Order XXI Rules 97, 98, 101 and 105 of the Code of Civil Procedure 1908 by adopting the procedure by which the court below has passed the impugned common order?

(6) Has the court below adjudicated the claims for the removal of obstructions caused by these appellants, as per law?

These are the main questions arise for consideration in these appeals!

2. These a






































































































































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