IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
Saraswathiamma W/o Late Gopinathan – Appellant
Versus
Manuel, S/o Joseph, Thaivelikkakathu – Respondent
JUDGMENT :
K. BABU, J.
The judgment debtors in an Execution Petition challenge the order of the Execution Court directing restoration of the property to its original position in this proceedings. Petitioner Nos.1 to 3 are additional judgment debtor Nos. 2, 4 and 5. Respondent No.1 is the decree-holder. Additional judgment debtor No.3 is respondent No.2.
2. The decree holder/plaintiff instituted O.S No.512/1990 before the Munsiff's Court, seeking a permanent prohibitory injunction and mandatory injunction against the defendants. The Trial Court dismissed the suit. The decree holder/plaintiff challenged the decree of the Trial Court filing A.S No.91/2003 before the Subordinate Judge's Court, Cherthala. The First Appellate Court reversed the judgment and decree passed by the Trial Court and decreed the suit granting a permanent prohibitory injunction and mandatory injunction in favour of the decree-holder/plaintiff. The defendants challenged the decree of the First Appellate Court in RSA No.839/2013, which ended in dismissal. The decree became final. The decree-holder executed the decree granting a mandatory injunction in E.P No.68/2012.
2.1. The decree-holder on 21.03.2017 filed E.P No.3
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