JUDGMENT

Dated this the 9th day of December, 2021 Petitioner is the claim petitioner in E.A.No.654 of 2017 in E.P. No.152 of 2016 in O.S.No.979 of 1993 on the files of the First Additional Sub Court, Thrissur. The suit was filed for partition and separate possession of the suit scheduled property. The petitioner claims to be in possession of the suit property from 1993 onwards and alleges that the suit was filed suppressing this crucial fact. In the suit, a preliminary decree was passed on 31.08.1999. Thereupon, final decree application was filed by the plaintiffs. The petitioner came to know about the preliminary decree only when the Advocate Commissioner appointed in the final decree proceedings visited the property. Immediately, petitioner filed an application for getting impleaded in the final decree proceedings. That application was dismissed as premature and finding the petitioner to be a stranger. Thereupon, petitioner filed an application under Section 47 of the CPC, challenging the executability of the decree. That application was dismissed on the premise that such an application would not lie at the final decree stage and the remedy is to approach a civil court. The orde