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2016 Supreme(Online)(KER) 33842

HIGH COURT OF KERALA
K.HARILAL, J
SUNIL ABRAHAM – Appellant
Versus
AJITH LOOKA    Advocate - MATHEW CHERIAN, ,MATHEW CHERIAN,H SIVARAMAN – Respondent


JUDGMENT

This original petition has been filed challenging Ext.P12 order passed in E.P.No.25/2015 in O.S.No.241/2010 on the files of the Munsiff's Court, Perumbavoor. The petitioner herein is the Judgment Debtor and the respondent is the Decree Holder. The execution petition has been filed seeking execution of the decree stating that the petitioner has not obeyed the direction in the decree so far and sought for removal of the rolling shutters and for closing down the opening on the wall of the building in plaint B schedule property and also for removing the name board which is projecting into plaint A schedule property.

2. Thereafter, the respondent has filed E.A.No.109/2015 and sought for removal of an Air Conditioner which is fixed on the wall of the petitioner's building and also for removing the projection, which is allegedly protruding into plaint A schedule property.

OP(C) NO.2379 of 2015

3. The petitioner resisted the said execution application contending that the prayer for removal of the Air Conditioner and the projection goes beyond the decree. After considering the rival contentions the court below allowed the application as prayed for, by Ext.P12 order. The legality and co

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