SATHEESAN NAIR Vs. NIZARUDEEN

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order passed by the Additional Munsiff Court, Kollam (for short, 'the execution court') dismissing an execution petition on the ground that the decree is inexecutable.

(2.) The revision petitioner is the decree-holder, and the respondents are the judgment debtors in E.P.No.15/2017 in O.S.No.853/2011 on the file of the execution court. The suit was one for declaration of title, possession and permanent prohibitory injunction. The defendants were set ex-parte and the suit was decreed as prayed for by judgment dtd. 11/03/2014. The revision petitioner filed an execution petition before the execution court as E.P.No.15/2017, wherein, among other reliefs, he prayed to carry out the construction of the compound wall or fencing to decree B schedule property as per Ext.C1(b) plan at the expense of the decree-holder through the process of court by deputing the Amin and appointing a Commission. The execution court dismissed the execution petition as not executable. It is challenging the said order; the decree-holder has filed this revision petition.

(3.) I have heard Sri. Harish Gopinath, the learned counsel appearing for the revision petitioner. There is no appearance for the respondents.