NISHA Vs. P. RAMASWAMY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 16.11.2020 passed in A.S.No.136/2020 on the file of the Additional District Court-V, Palakkad challenging the order dated 07.09.2020 passed in Claim E.A.No.195/2020 in E.P.No.150/2016 in O.S.No.221/2013 on the file of the Munsiff's Court, Chittur.

(2.) Claim E.A.No.195/2020 was filed by the appellant as the claim petitioner under Order XXI Rule 97 of the Code of Civil Procedure (hereinafter referred to as 'the C.P.C.'). The respondent Nos.1 and 2 are the decree holders and the 3rd respondent is the judgment debtor and respondent No.4 is the transferee of the respondent No.3. The 4th respondent is not a party to the Execution Petition and the Original Suit. He had filed a claim petition as E.A.No.157/2018 in execution petition. The claim petition was dismissed on merits later.

(3.) A suit was filed for both mandatory and prohibitory injunction directing the 3rd respondent to remove the iron staircase situated on the southern side of the plaint schedule item No.1 property and for consequential permanent prohibitory injunction restraining the 3rd respondent from causing obstruction to the plaintiff in possessing and enjoying the plaint schedule property in any manner.