K. Harilal, J.

The petitioner is the 5th defendant in E.P. No. 355 of 2011 in O.S. No. 1264 of 2006 on the files of the Court of the Principal Munsiff, Ernakuiam as well as the 5th respondent in E.A. No. 538 of 2011 filed therein. E.P. No. 355/2011 was filed for the execution of the compromise decree passed in O.S. No. 1264/2006. This O.P. is filed under Section 227 of the Constitution of India challenging the impugned order passed in E.A. No. 538 of 2011 referred above. E.A. No. 538 of 2011 was filed by the decree holders under Section 151 of the Code of Civil Procedure to pass an interim order restraining the judgment debtors from constructing the third floor or making any form of further construction above the second floor in the building situated in the plaint schedule property during the pendency of execution petition.

The judgment debtors had filed a counter opposing the interim order prayed for by the decree holders.

2. The facts of the case is as follows: The decree holders, who are seven in numbers, filed the above suit O.S. No. 1264 of 2006 against five defendants for perpetual injunction. The subject matter of the suit was the proposed construction in the plaint s