UNNIKRISHNAN Vs. SAJI PAUL

JUDGEMENT

(1.) Petitioner, the judgment debtor, aggrieved by an order passed by the Principal Munsiff, Ernakulam, while executing the decree in O.S No.429 of 2009 in E.P No.308 of 2013 has come up in this revision petition.

(2.) Despite the matter coming up in the published hearing list on yesterday and today, there is no representation for the petitioner. Learned counsel for the respondent strongly pressed for a decision in this matter on merit.

(3.) Petitioner is the defendant in a suit for declaration of title of the plaintiff/respondent and recovery of plaint 'C' schedule property from his possession. The suit was decreed against which an appeal was filed. That appeal was dismissed and thereby the decree has become final. The decree was executed and possession of plaint 'C' schedule was taken by the respondent/plaintiff through the help of police. Later, the petitioner/judgment debtor again trespassed into the property by demolishing a portion of the common boundary wall and by placing a coop in a portion of the plaint 'C' schedule property. The decree holder sought that structure to be removed and the compound wall to be restored to its original position. The decree holder also sought for detention of the petitioner/judgment debtor in civil prison for violating the decree for permanent prohibitory injunction.