RAMESH BABU Vs. DEVARAJAN

JUDGEMENT

(1.) This is a petition filed by the petitioners seeking a direction to be given to the Principal Munsiff, Kollam under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that the respondent filed OS.No.1069/2008 on the file of the Principal Munsiff Court, Kollam and the defendants made some counter claim in respect of the same property and the suit and the counter claim were partly allowed evidenced by Ext.P1 decree. Though it was challenged up to this court by filing RSA.No.305/2015 by the plaintiff, that was dismissed. Thereafter the defendants filed Ext.P3 execution petition as EP.No.165/2015 and the plaintiff filed EP.No.58/2016 to execute the respective decrees in his favoaur. The defendants filed Ext.P5 objection to the execution petition filed by the petitioners. There was an order passed by the court below and the petitioners filed Ext.P6 review petition and also Ext.P7 petition but those petitions were dismissed by the court below. Though they applied for carbon copy, the same has not been issued. The respondent is trying to execute the decree. So the petitioners have no other remedy except to approach this court seeking the following reliefs:

(3.) Since a caveat was filed the respondent herein through Sri. Saju K. Panicker, the petitioners were directed to give notice to him. Accordingly he also entered appearance. So service complete.