SARASWATHIAMMA Vs. MANUEL

JUDGEMENT

(1.) The judgment debtors in an Execution Petition challenge the order of the Execution Court directing restoration of the property to its original position in this proceedings. Petitioner Nos.1 to 3 are additional judgment debtor Nos. 2, 4 and 5. Respondent No.1 is the decree-holder. Additional judgment debtor No.3 is respondent No.2.

(2.) The decree holder/plaintiff instituted O.S No.512/1990 before the Munsiff's Court, seeking a permanent prohibitory injunction and mandatory injunction against the defendants. The Trial Court dismissed the suit. The decree holder/plaintiff challenged the decree of the Trial Court filing A.S No.91/2003 before the Subordinate Judge's Court, Cherthala. The First Appellate Court reversed the judgment and decree passed by the Trial Court and decreed the suit granting a permanent prohibitory injunction and mandatory injunction in favour of the decree-holder/plaintiff. The defendants challenged the decree of the First Appellate Court in RSA No.839/2013, which ended in dismissal. The decree became final. The decree-holder executed the decree granting a mandatory injunction in E.P No.68/2012.

(3.) The learned counsel for the petitioners made the following submissions: