IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 4^TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 OP(C) NO. 619 OF 2022 IN THE MATTER OF E.A.183/2021 IN E.P.360/2019 IN O.S 258/2011 ON THE FILE OF THE MUNSIFF COURT, CHERTHALA PETITIONERS/JUDGMENT DEBTORS/DEFENDANTS:

1 GIRISHAN, AGED 60, S/O VELAYUDHAN, PERAYIL, PANAVALLY MURI, PANAVALLY VILLAGE, CHERTHALA TALUK, PIN – 688526.

2 GIRIJA, D/O.VELAYUDHAN, PERAYIL, PANAVALLY MURI, PANAVALLY VILLAGE, CHERTHALA TALUK, PIN – 688526.

BY ADVS.

DHANYA P.ASHOKAN M.R.VENUGOPAL S. MUHAMMAD ALIKHAN V.V.PRATHEEKSH KURUP RESPONDENT/DECREE HOLDER/PLAINTIFF:

SIDHARTHA KAIMAL, PAYIPPATTU HOUSE, PANAVALLY MURI, PANAVALLY VILLAGE.

BY ADVS.

SADCHITH P.KURUP C.P.ANIL RAJ(K/872/2007)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This is an Original Petition filed under Article 227 of the Constitution of India, whereby the Judgment Debtors sought the following reliefs:

“(i) to direct the execution court to defer the E.P.360/2019 until the disposal of Ext.P4 appeal pending before the Sub Court, Cherthala.

(ii) to issue such other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. Adv. Sadchith P.Kurup, appears for the respondent.

3. Heard both sides.

4. When the petitioner was moved on

25.03.2022, coercive steps in E.P.No.360/2019 was stayed mainly believing the submission of the learned counsel for the petitioners that the execution as sought for, if proceeded further, the marriage of the 1^st petitioner's daughter would be disturbed.

5. The learned counsel for the respondent submitted that even after long wait and in a case, where E.P. has been filed in the year 2019, where no appeal has been preferred in time, the Decree Holder took every steps for construction of the compound wall and, accordingly, on 25.03.2022, the compound wall was constructed. Soon after getting the stay order, it was found that the entire construction made by appointing the Commissioner, was demolished, on the next day. A report was called for from the Additional Munsiff Court, Cherthala.

6. As per the report dated 31.03.2022, the learned Munsiff narrated the events and, accordingly, it is submitted that though compound wall was constructed by appointing a Commissioner and Surveyor on 25.03.2022, the same was demolished on the next day i.e., on 26.03.2022. Thus, it appears that the petitioners herein took the law at their hands and done things without informing the court regarding the order of this Court or else to get their grievance addressed by the execution court itself. It is reported by the learned Munsiff further that copy of this order was placed before the trial court only on

28.03.2022.

7. Since the attitude of the petitioners cannot be justified, the petitioners deserve no orders from this Court. Therefore, I am inclined to dismiss this application.

Accordingly, this Original Petition is dismissed.

The execution court is specifically directed to expedite the Execution Petition and re-instate the compound wall as early as possible. The execution court is directed to take appropriate action against the petitioners in the matter of demolition of the compound wall without much fail, in accordance with law.

Sd/-

A.BADHARUDEEN, JUDGE.

ww APPENDIX OF OP(C) 619/2022 PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED

13/06/2016 IN O.S 258/2011 OF ADDITIONAL MUNSIFF COURT, CHERTHALA.

EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 12/11/2019, ISSUED TO THE PETITIONER BY THE MEDICAL OFFICER, PRIMARY HEALTH CENTER, ARYAD.

EXHIBIT P3 TRUE COPY OF THE E.P. 360/2019 DATED

09/10/2019 IN O.S. 258/2011 ON THE FILE OF MUNSIFF COURT, CHERTHALA.

EXHIBIT P4 TRUE COPY OF THE A.S. NO.80/2019 DATED

11/10/2019 PENDING BEFORE THE SUB COURT, CHERTHALA.

EXHIBIT P5 TRUE COPY OF THE CASE STATUS OF A.S NO.80/2019 DATED 11/10/2019 PENDING BEFORE THE SUB COURT, CHERTHALA, DOWN