MEERAVU HAJI Vs. T. K. MAKKAR

JUDGEMENT

(1.) This review petition is filed to review the judgment of this court in OP(C) No.177/2023, dtd. 5/11/2024.

(2.) The review petitioners are respondents 1, 3 and 5, and the respondents are petitioners 1 to 8 and respondents 2, 4, 6 to 15 in OP(C) No.177/2023. The original petition has been filed challenging the order passed by the Munsiff Court, Kothamangalam returning the Execution Petition filed by the decree holder in EP No.23/2019 in OS No.403/1996 to file before the proper court on the ground that it has no jurisdiction to execute the decree as per Sec. 37(b) of CPC. This Court found that the decree is executable, and the Executing Court has jurisdiction to execute the decree. The order passed by the Executing Court returning the Execution Petition to file before the proper court was set aside, and the Executing Court was directed to proceed with the execution and complete it as expeditiously as possible, at any rate, within a period of three months. Thereafter, the Executing Court after issuing notice under Rule 35 of Order 21 of CPC to all the judgment debtors, deputed Court Amin to take delivery of the property and hand over the same to the decree-holders as per the decree vide order dtd. 9/12/2024. It is thereafter the review petition has been filed.

(3.) I have heard Sri.T.Krishnanunni, the learned Senior Counsel for the review petitioners, Sri.Babu Karukapadath, the learned counsel appearing for respondents 1 to 8, Sri.K.Paul Kuriakose, the learned counsel appearing for respondents 9 and 10 and Sri.Jamsheed Hafiz, the learned standing counsel for the Waqf Board.