MUKUNDAN Vs. SATHYABHAMA

JUDGEMENT

(1.) This is a petition filed by the petitioners challenging the order passed in E.A. No. 234/2015 in E.P. No. 180/2014 in O.S. No. 20/2010 on the file of the Munsiff Court, North Paravur under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that the suit was filed by the respondent herein for partition of the plaint schedule property and allotment of one such share to her and a preliminary decree for partition was passed allotting one such share to her and remaining shares to the defendants jointly. Thereafter, final decree application was filed and final decree was also passed separating the share of the plaintiff in the suit and allotting the remaining property jointly to the defendants 1 to 4 in the suit as per Ext. P1 final decree. The respondent herein is in possession of the share alloted to her. Thereafter, the remaining defendants who are defendants 1 to 4 in the suit filed E.P. No. 180/2014 as Ext. P3 for delivery of the property alloted to them jointly. During the pendency of execution petition, first decree holder Smt. Bharathi died. The remaining decree holders filed Ext. P2 as E.A. No. 234/2015 for effecting delivery of the property on behalf of the deceased first defendant also and respondent herein filed Ext. P4 objection to the same. But the learned Munsiff dismissed the application as per Ext. P5 impugned order. Aggrieved by the same, the present petition has been filed.

(3.) Heard Adv. Sri. K. Narayanan (Paravoor), counsel appearing for the petitioners and Adv. Sri. K.S. Bharathan, counsel appearing for the the respondent.