ABHILASH Vs. KOMALAN

JUDGEMENT

(1.) Petitioner is the third judgment debtor in E.P.No.59 of 2011 in O.S.No.123 of 2000 of Munsiff's Court, Kottarakkara. An ex parte decree was passeSd against petitioner and others restraining them from widening the road making use of any portion of plaint A schedule. Alleging that petitioner and others violated the decree, respondents filed E.P.No.59 of 2011. Petitioner and other judgment debtors remained absent. The executing court passed Ext.P2, order on 04.09.2012 holding that they have violated the decree.

(2.) Petitioner filed Ext.P4, application to set aside Ext.P2, order. That application was dismissed as time barred. Hence this original petition.

(3.) Learned counsel submits that invoking the power under Sec.151 of the Code of Civil Procedure (for short, "the Code") and Sec.5 of the Limitation Act (for short, "the Act"), executing court could have entertained Ext.P4, application.