IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 6^TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 OP(C) NO. 2281 OF 2021 AGAINST THE ORDER/JUDGMENT IN EP 8/2016 IN OS 233/2013 OF MUNSIFF MAGISTRATE, ERATTUPETTA PETITIONERS/JUDGMENT DEBTORS/DEFENDANTS:

1 LAXMAN ACHARI, AGED 68 YEARS KADAPLACKAL HOUSE, THALAPPALAM KARA, MEENACHIL TALUK KOTTAYAM DISTRICT

2 KANNAN, S/O. LAXMAN ACHARI, KADAPLACKAL HOUSE, THALAPPALAM KARA, MEENACHIL TALUK, KOTTAYAM DISTRICT.

BY ADVS.

BABY THOMAS K.ANIL JOSEPH MARIAMMA JOSEPH ALICIA JOSE RESPONDENT/DECREE HOLDER/PLAINTIFF:

RAJESH R., S/O. RAJANPILLAI, RAJANIVAS, THALAPPALAM KARA, MEENACHIL TALUK, KOTTAYAM DISTRICT .

BY ADVS.

PHILIP T.VARGHESE THOMAS T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA SHRUTHI SARA JACOB THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6^th day of April, 2022 This Original Petition has been filed under Article 227 of the Constitution of India.

2. In this case, the judgment debtors impugn order dated 30.09.2021, whereby the learned Munsiff dismissed E.A.No.69/2019, where the petitioners challenged the executability of the decree. The learned Munsiff, after having appraised the contention raised on and off the issue, finally found that the decree is executable.

3. Heard both sides.

4. The decree was passed on 20.03.2015. The execution petition was filed in the year 2016. So, primarily, it appears that the execution petition has been filed within the period of limitation.

5. Going by the decree, the relief granted are as under:

“That the Suit is decreed. A permanent prohibitory injunction is passed restraining the defendants from causing damage to the compound wall of the plaint item 1 and 2 properties.

A decree of mandatory injunction is passed directing the defendants to reconstruct the compound wall of the plaint item No.1 and 2 properties within 2 months from the date of decree. On failure of defendants to comply the decree, the plaintiff is permitted to reconstruct the compound wall at their expense and to realise the cost from the defendants. From the facts and circumstances of the case, the parties are directed to hear their respective costs.”

Now, an execution petition was filed to implement the mandatory injunction within time. Therefore,prima facie, the contention raised by the judgment debtors, asserting that the decree is not executable, cannot be sustained and accordingly, the learned Munsiff rightly dismissed the application. There is no reason to hold that the decree sought for execution is not executable. Therefore, the order impugned is confirmed and the execution court is directed to expedite the execution petition and close the same on or before 31.07.2022.

This Original Petition stands disposed of.

Registry shall forward a copy of this judgment to the court below concerned, within two weeks, for information and compliance.

Sd/-

A. BADHARUDEEN JUDGE nkr APPENDIX OF OP(C) 2281/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. 233/2013.

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.

233/2013.

Exhibit P3 TRUE COPY OF THE COMMISSION REPORT DATED

13.12.2013.

Exhibit P4 TRUE COPY OF THE DECREE DATED 20.03.2015 IN O.S. 233/2013.

Exhibit P5 TRUE COPY OF AFFIDAVIT AND PETITION IN E.A. 69/2019 IN E.P. 8/2016.

Exhibit P6 TRUE COPY OF ORDER DATED 30.09.2021 IN E.A. 69/2019 IN E.P. 8/2016.