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S. M. SUBRAMANIAM
M. Balasubramanian – Appellant
Versus
V. Kulandaivel – Respondent
ORDER :
PRAYER : This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decretal order dated 08.08.2022 and made in EP No.49 of 2021 in OS No.129 of 2010 on the file of the learned Principal District Munsif, Erode.
The present Civil Revision Petition has been filed against the fair and decretal order dated 08.08.2022 passed in EP No.49 of 2021 in OS No.129 of 2010 on the file of the learned Principal District Munsif, Erode.
2. The revision petitioner is the defendant and the respondents are the plaintiffs in the suit. The respondents instituted the suit for declaration and for mandatory injunction.
3. It is not in dispute that the suit was decreed in favour of the plaintiffs on 14.02.2018 in OS No.129 of 2010.
4. The learned counsel for the revision petitioner states that the defendant has not preferred any appeal and thus the decree passed in the suit became final.
5. The Trial Court decreed the suit by stating that the suit property’s extents are to be measured and determined by both the plaintiffs and the defendant, within a period of two months. However, the parties have not executed the decree within a period of two months as stipul
Once a decree becomes final and specifies a period for execution, the parties are bound to execute it within that period.
The court affirmed that prohibitory injunctions can be enforced despite ongoing disputes, ensuring that decree holders can secure their rights.
The main legal point established in the judgment is that the execution court has a duty to construe the decree and ascertain its true effect by looking into the pleadings, relief sought, and judgment....
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