THRISSUR CORPORATION Vs. K.G. UNNIKRISHNAN

JUDGEMENT

(1.) Aggrieved by the order dtd. 7/4/2022 in E.P.No. 1270/2013 in O.S.No.1254/2004 (Ext.P3) of the Court of the Principal Munsiff, Thrissur, the judgment debtor - Corporation has filed the original petition.

(2.) The petitioner contends that the respondent has filed E.P. No. 1270/2013 to execute the decree in O.S No. 1254/2004. The suit was filed against the petitioner before the Court of the Principal Munsiff, Thrissur, for a decree of mandatory and prohibitory injunction, to direct the petitioner to put the respondent in possession of a suitable room in the new Pattalam Market Complex commensurate with the plinth area of the room that was occupied by the respondent in the old Apple Photo Building. The respondent alleged that he was a licensee in room nos.13 and 14 of the old Apple Photo Building, which were acquired for the widening of the Pattalamroad by the petitioner Corporation. Although he was promised to be allotted with suitable rooms in the new shopping complex, the petitioner has refused to adhere to its undertaking. Hence the respondent filed O.P.No. 21906/2000 before this Court and this Court directed the petitioner to allot the respondent with suitable rooms commensurate with the plinth area that was occupied by him. Due to the willful refusal of the petitioner to comply with the directions of this Court, the respondent filed C.C.C. No.431/2001. Thereafter, the respondent filed O.S.No.1254/2004. The suit was resisted by the petitioner. Nonetheless, the suit was allowed by Ext.P1 judgment. The respondent put the decree to execution by filing Ext.P2 execution petition.

(3.) Heard; Sri.Santhosh P. Poduval, the learned counsel appearing for the petitioner and Sri.C.Chandrasekharan, the learned counsel appearing for the respondent.