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2015 Supreme(Ker) 909

A.HARIPRASAD
SREEBALA – Appellant
Versus
EDWIN PEREIRA – Respondent


Advocates:
Advocate Appeared:
SRI.K.P.SREEKUMAR
SMT. DAISYA. PHILIPOSE (CAVEATOR), SRI. JAI GEORGE (CAVEATOR)

Judgment

A. Hariprasad, J.

The judgment debtors/respondents in E.A.No.74 of 2009 in E.P.No.359 of 2005 in O.S.No.885 of 1960 on the file of the II Additional Munsiff Court, Thiruvananthapuram are the appellants. The said application was filed by the 22nd decree holder (the sole respondent in this proceedings) under Section 151 read with Order XXI Rule 97 of the Code of Civil Procedure, 1908 (in short, "the Code"). Prayer in the petition reads as follows:

"For the reasons stated in the accompanying affidavit it is most respectfully prayed that this Honourable Court may be pleased to pass an order in the above E.P. To evict the respondents from decree C schedule property and to remove the obstruction caused by the respondents by arresting them and detaining them in civil prison and to pass an order directing that the petitioner may be put into possession of the Decree C schedule property, in the interest of justice."

The execution petition was filed for effecting delivery of decree B and C schedule properties in terms of the final decree in a suit for redemption of mortgage. As per order dated 14.02.2007 in the execution petition, the properties were ordered to be delivered on 22.02.2007





























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