JUDGMENT :

Is it permissible for a decree holder to selectively execute a decree against one of the judgment debtors is the short point that arises for consideration in this original petition?

2. The petitioner's case, shorn of exhaustive pleadings in the original petition, is that; the petitioner is a Panchayat and the judgment debtor in E.P. No.28/2017 in O.S No.36/1995 of the Court of the Subordinate Judge, Koyilandy. The respondents are the decree holders in the execution petition. The respondents had filed the suit seeking compensation from the petitioner and three other persons on account of the death of the 1st respondent's son 'Shereef' in an accident that occurred on 8.2.1992 at the Live Stock Health, Agricultural and Industrial Exhibition. The deceased lost his life due to the detachment of the basket of the Giant Wheel. The petitioner was the 2nd defendant in the suit. The defendants 1, 3 and 4 were the operator, the licensee, and the Exhibition’s Convenor, respectively. The respondents asserted that the accident occurred due to the defendants’ negligence, who were jointly and severally liable to pay the compensation. The Trial Court decreed the suit by directing the defen