UNNIKRISHNAN Vs. ASOKAN

JUDGEMENT

(1.) The 8th judgment debtor in E.P.No. 2591 of 2019 in O.S.No. 162 of 2004 on the file of the Prl. Munsiff Court, Thrissur, has filed this Original Petition under Article 227 of the Constitution of India. Order in E.A. No. 709 of 2020 in E.P.No. 2591/2019 dtd. 5/2/2021 is under challenge in this Original Petition.

(2.) Heard the learned counsel for the petitioner and the learned counsel representing the respondents in detail.

(3.) I have perused the order impugned. The decree holder filed E.A. No. 709/2020 for removing the obstruction made by the petitioner/8th judgment debtor in the decree B schedule pathway on 15/5/2020, after passing the decree and after confirmation of the same by the appellate court as per the common judgment in A.S. Nos. 97 of 2014 and 98/2014 dtd. 7/12/2018. The judgment debtors filed objection contending that the judgment debtors not violated the decree as contended. Further, a contention was raised to the effect that as per the appellate judgment dtd. 7/12/2018 it was observed that the right of the decree holder in plaint B schedule property is not specified.