WILSON P. KURIAKOSE Vs. SUBHAS

JUDGEMENT

(1.) This Civil Revision Petition is filed by the decree holders against the order in E.A. No. 57 of 1999 in E.R No. 39 of 1997 in O.S. No. 257 of 1988 on the file of the Munsiffs Court, Moovattupuzha. The revision petitioners are the decree holders in the above said suit. The suit is filed for a decree of mandatory injunction to direct the defendants to remove the earthern pipe which was put in the property of the decree holders for draining foul water from the hotel of the second judgment debtor. The suit was decreed and the second judgment debtor was granted one year time to remove the earthern pipe unauthorisedly put by him. Even after the expiration of one year, the second judgment debtor did not remove the pipe and hence the revision petitioners filed E.R 39 of 1997 for execution of the decree.

(2.) The second judgment debtor filed objection and contested the execution petition. On consideration of the objection, the Execution Court appointed an Advocate Commissioner to remove the earthern pipe which was put in the property of the decree holders. When.the Advocate Commissioner went to the spot, he was obstructed by one M.M. Thomas, brother inlaw of the second Judgment Debtor Onachan at the instance of the second judgment debtor claiming that his wife Mary was the owner of the property in which the hotel was situates. While so, the additional judgment debtor filed a suit as O.S. No. 235 of 1997 before the Munsiffs Court, Moovattupuzha along with one Narayanan Nair for a decree of permanent injunction restraining the revision petitioners from causing any obstruction to the draining of the waste water from the hotel. The allegation was that the hotel was being conducted by them and the petitioner is trying to remove the pipe which was used for draining waste water from their hotel. The suit was subsequently dismissed as not pressed.

(3.) The respondent herein then filed O.P. No. 9437 of 1997 before this court for a direction against the Assistant Executive Engineer, Public Works Department (Roads), Pirayom from destroying or removing the pipe line used by him from draining out waste water. This court disposed of the Original Petition directing the Assistant Executive Engineer to dispose of the representation submitted by the respondent and also directed that the pipe line shall not remove until the representation was disposed of.