ORDER

The petitioner is not a party to E.P.No.53 of 2008 in O.S.No.32 of 1985 on the file of the court of the Subordinate Judge of Manjeri. He filed an application (E.A.No.687 of 2008) under Rules 58, 97, 96 and 99 of Order XXI of the Code of Civil Procedure and prayed that he may be impleaded as a party in the Execution Petition. The court below dismissed that application by the order dated 05th February, 2011, which is under challenge in this Civil Revision Petition.

2. Respondents 1 and 2 filed the Execution Petition to get delivery of Room Nos.9 to 14 in Ext.C7 plan appended to the final decree for partition. The Amin went to the property for effecting delivery on 18/08/2008. At that time, the petitioner obstructed delivery. The Amin filed a report dated 18/08/2008 mentioning about the obstruction made by the petitioner and others. It would appear that the executing court, on perusing the report of the Amin posted the Execution Petition for taking steps. However, it would appear that the decree holder prayed for delivering the property with police help, instead of applying under Rule 97 of Order XXI of the Code of Civil Procedure. Delivery of the rooms was not effected, probably