RAJAN MOHANAN Vs. DIVAKARAN

JUDGEMENT

(1.) This CMP under S.151 of the C.P.C. is filed by the revision petitioners in CRP No. 861/2001 seeking a clarification of the order passed by this Court in the CRP dated 26.07.2001 by allowing the petitioners to install the name board at an enhanced height to be fixed by this Court.

(2.) In O. S. 62/96 filed by the respondents herein as plaintiffs the Munsiff's Court, Pala passed a decree declaring the prescriptive easement right of the plaintiffs respondents over the plaint schedule item No. 3 road and restraining the defendants from installing any gate or obstructing the use of the plaint schedule item No. 3 road by the plaintiffs or altering its nature or committing any mischief therein. That decree became absolute since no appeal is preferred by the defendants. Subsequently the decree holders filed E. P. No. 48/2000 under O.21 R.32 of the C.P.C. alleging violation of the decree passed in the suit against the defendants. The allegation is that the judgment debtors installed a board on two pillars at the bell - mouth of item 3 road in violation of the decree causing obstruction to the plaintiffs decree holders from taking lorry through item 3 road. The judgment debtors 4 and 5 contended that the name board of the temple was put up on the pillars erected at the bell - mouth of item 3 road and they have not done any act against the prescriptive right of easement declared in favour of the decree holders or causing any obstruction to the use of the road by the decree holders and as such they have not violated the decree passed in the suit.

(3.) After enquiry the executing court found that the judgment debtors violated the decree passed by the court by placing the name board at a height of 4 metres in item No. 3 and directed the judgment debtors to remove the name board in question and on failure to do so, permitted the decree holders to remove the same by taking out a commission at their expense and allowed reimbursement of the same from the judgment debtors by order dated 16.2.2001. The judgment debtors 4 and 5 preferred CRP No. 861/2001 before this Court challenging the order passed by the executing court. This Court by order dated 26.7.2001 found that there is violation of the decree by the revision petitioners and the order passed by the executing court directing the judgment debtors to remove the name board in question placed above item 3 road is perfectly legal and valid and justified under the facts and circumstances of the case. Accordingly this Court dismissed the CRP confirming the order passed by the executing court.