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2001 Supreme(Ker) 711

K.A.MOHAMED SHAFI
Francis – Appellant
Versus
St Thomas Church – Respondent


ORDER

K.A. Mohamed Shafi, J.

1. The judgment debtor in E.P. 351/99 in O. S. 768/96 on the file of the Munsiff's Court, Paravur has filed this revision petition challenging the order in the E.P. dated 27.1.2001 ordering delivery of possession of the plaint schedule property, overruling the contention raised by him that the decree is not executable.

2. In the above suit filed for eviction of the revision petitioner from the plaint schedule property owned by the respondent Church, a compromise decree for eviction was passed in favour of the respondent plaintiff, directing the revision petitioner to surrender vacant possession of the plaint schedule property on or before 31.12.1998, failing which allowing the plaintiff to recover possession by instituting execution proceedings. As the petitioner did not surrender possession as directed in the decree, the respondent filed the E.P. The revision petitioner entered appearance before the Court and contended that the decree is not executable and therefore, the E.P. is not maintainable. He contended that the notification issued by the Government of Kerala whereby the minority institutions were exempted from the operation of the Kerala Buildings





















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