PARENGAL ABOOBACKER Vs. KATTUMUNDA NABEESA

JUDGEMENT

(1.) The original petition is filed to set aside the order dtd. 7/4/2022 in E.A. Nos.02/2021 and 03/2021 in E.P. No.249/2013 in O.S. No.519/1992 (Ext.P4) of the Court of the Munsiff, Manjeri.

(2.) The petitioner is the fourth respondent in E.A. No.02/2021 filed in the above execution petition. The suit was decreed ex parte. Even though the petitioner had filed A.S. No.14/2016 to set aside the ex parte decree, the same was dismissed by the Court of the Subordinate Judge, Majeri and concurrently confirmed by this Court in CRP No.735/2018. The petitioner has now approached the Hon'ble Supreme Court and filed a Special Leave Petition(SLP). In the meanwhile, the first respondent has filed E.A.No.02/2021 to break open the house situated in 'B' scheduled property, which is not a part of the decree. Hence, the petitioner has filed Ext.P2 counter to the above E.A. However, the court below without considering the objection, has passed Ext.P4 impugned order, by permitting the Amin to take delivery of the decree scheduled property with the assistance of the Circle Inspector of Police, Nilambur. Ext.P4 order is erroneous and wrong and is passed without considering Ext.P2 objection.

(3.) Pursuant to the orders passed by this Court on 31/5/2022, the learned Munsiff, Manjeri, has by communication dtd. 9/6/2022, informed this Court that the delivery was ordered as early ason 10/9/2015. Thereafter, the same was stayted by the District Court in I.A.No.1400/2015 in C.M.A.No.54/2015. Later, the appeal was dismissed; but the execution proceedings was again passed stayed by this Court in CRP No.735/2018. Later, this Court also dismissed the revision. Then, the judgment debtors had filed E.A.Nos.444/2015, 445/2015 and 168/2019 seeking various reliefs. All those applications were dismissed by the common order dtd. 30/1/2020. The said orders hgave become final. Even though the Amin was directed to take delivery of the property on 5/4/2019, he could not do the same due to the non-availability of the Taluk Surveyor. Thereafter, on 10/9/2021, when the Amin went to break open the house, the same was resisted by the judgment debtors, on the ground that the execution petition was stayed by this Court. Again when the Amin went to the property on 25/5/2022, he was obstructed by a gang of people under the leadership of the Panchayat Member, Block Panchayat Member and others. Hence, the decree holder has filed E.A.No.5/2022, seeking the assistance of the District Superintendent of Police, which has been allowed and the execution petition is posted for delivery to 21/6/2022.