VASUDEVA MENON Vs. K J PLANTATION

JUDGEMENT

(1.) The Appeals being connected, they are disposed of by this common Judgment. The three Execution First Appeals are filed by defendants 16 to 21 in O.S. No. 1 of 1964 on the file of the District Court, Palakkad Ex. F.A. No. 13/2010 is filed against the order in E.A. No. 33/99. Ex. F.A. No. 8/2010 is against the order in E.A. No. 41/10. Ex. F.A. No. 12/2010 is directed against the order in E.A. No. 38/09. The said Suit, O.S. No. 1/64 was one for partition. Following a preliminary decree, a final decree came to be passed. As per the final decree, the appellants who are, in fact, the legal heirs of the deceased first defendant, were allotted B Schedule property in Ext. C-3 Report. The final decree is dated 21-2-2003. The appellants filed E.P. No. 7 of 2008 for taking delivery of the B Schedule property. According to them, they were constrained to seek police aid. When the Amin went to take delivery of the properties, delivery was obstructed by the respondents in the respective Appeals. The Amin returned the delivery warrant. It was thereafter that the Applications were filed by the respondents purporting to be under Order XXI, Rule 99 of the C.P.C. Paragraphs (2), (3) and (4) of the common impugned order read as follows:

(2.) The Applications were opposed by the appellants. They filed objections which are substantially referred to in the order as follows:

(3.) Counter-Affidavit filed on behalf of the appellants in E.A. 33/2009 inter alia reads as follows: