Article 227 empowers High Court to direct police aid for execution despite technical impleadment bars.

JUDGMENT :

T.R. Ravi, J.

The original petition has been filed with the following prayers:

“(A) Call for the records leading to Exhibit P1(a) decree and execute Exhibit P1(a) decree, as prayed for, in the interest of justice.

(B) Call for the records leading to Exhibit P10 order, set aside the same and allow E.A.No.97 of 2025, as prayed for, in the interest of justice

(C) Issue such other order or direction as are necessary in the nature of this case

(D) Dispense with production English translation of vernacular documents produced herewith.”

Petitioners filed O.S.No.539 of 1984 before the Munsiff Court, Perumbavoor for declaration of title and injunction. The suit was decreed as per Ext.P1 judgment. The defendants carried the judgment in appeal. The appeal was dismissed by the Sub Court, Perumbavoor as per Ext.P2 judgment dated 29.06.2009. The defendants filed a second appeal before this Court as R.S.A. No.414 of 2010, which was also dismissed. The judgment of this Court was challenged by the defendants by filing a Special Leave Petition before the Hon'ble Supreme Court, which was dismissed by Ext.P4 judgment on 27.02.2023. By then, 39 years had already gone by after instituting the suit. When the petitioners preferred an execution petition, two persons filed claim petitions before the execution court. The claim petition was dismissed by the execution court on 22.12.2023 by Ext.P6 judgment. Ext.P6 was challenged before the First Appellate Court by filing A.S.No.1 of 2024, which was dismissed by judgment dated 28.06.2024, copy of which is produced as Ext.P7. The claim petitioners took up the matter before this Court in R.S.A.No.439 of 2024, which was also dismissed by Ext.P8 judgment dated 12.12.2024. Ext.P8 was challenged before the Hon'ble Supreme Court by filing a Special Leave Petition which was also dismissed. There can hence be no further challenge as regards the right of the petitioners to get their decree executed. Petitioners preferred E.A.No.97/2025 in E.P.No.240/2022 in O.S.No.539/1984 seeking to implead certain third parties and to continue with the execution proceedings since the third parties were also obstructing the execution of the decree. The third parties were sought to be impleaded as respondents 27 to 42 in the execution petition and they are shown as respondents 29 to 44 in this original petition. The court below by Ext.P10 rejected the application stating that since the suit is not one which was instituted in a representative capacity, such impleadment in the execution stage was not permissible. The court held that the procedural requirements of Order 1 Rule 8 of the Code of Civil Procedure, 1908 has to be satisfied at the trial stage and cannot be retrospectively introduced during execution stage. The fact remains that to this day, the decree could not be executed. Petitioners produced as Ext.P11 the Daily Status Report regarding the posting of the cases and the proceedings which were taken place between 13.12.2024 and 14.10.2025. It is seen that despite attempting to execute with Police help, the decree could not be executed. It is also stated that on several occasions, the Amin had proceeded to the property for effecting delivery with the aid of Police, but had to return without executing the warrant. It is also stated that obstruction is created by third parties who are not claimants under the judgment debtors and who have not filed any claim petition before the court. Some of the proceedings also show that the Advocate Commissioner and Amin who had been deputed to execute the work with Police aid, did not get sufficient help from the Police. It would also appear that the execution court has also expressed its concern to the Station House Officer and the proposal to initiate contempt of court proceedings against the concerned Police Officers. On 05.04.2025, the Amin reported that the Circle Inspector and the ASP remained inactive and did not give necessary assistance. The court even called for explanations fr