JUDGMENT :

This Original Petition has been filed under Article 227 of the Constitution of India by the 2nd Judgment debtor in E.P.48/2016 in O.S.No.103/96 on the file of the Execution Court/Munsiff Court, Devikulam. The original petitioner urged the following points specifically in the Original Petition to be decided in this case:

(i) Can the execution Court proceed with the delivery of immovable property in a case where Exhibit-P2 decree is an inexecutable one on various aspects.

(ii) Is not the execution Court bound to adjudicate application filed under Section 47 challenging the executability of a decree?

(iii) Can the execution Court by-pass Order 21 Rule 23(2) of the Code of Civil Procedure?

2. Heard the matter in detail.

3. It is contended by the learned counsel for the petitioner, inter alia, that the petitioner suffered decree in O.S.103/1996 and the said decree was confirmed in A.S.No.55/2001 of Sub Court, Thodupuzha. According to the petitioner, though R.S.A.No.32/2004 was filed before this Court challenging the dismissal of A.S.No.55/2001, the same also was dismissed for default. The petitioner would contend further that the plaintiff/decree holder has no title to the schedule