PUSHPADASAN Vs. SHEELA JERALD

JUDGEMENT

(1.) An interim order of mandatory injunction sought to be executed through execution court in E.P.No.380 of 2014 in O.S.No.467 of 2011 on the file of the Court of the Additional Munsiff, Thiruvananthapuram. After hearing both sides, the execution court decided to proceed with the execution by the impugned order in this petition under Article 227 of the Constitution of India.

(2.) Heard Sri. G.S. Raghunath, learned counsel appearing for the petitioner and Sri.Ram Mohan G., the learned counsel appearing for the respondents.

(3.) The short questions came up for consideration are: (1) whether it is permissible to exhaust the remedy under Order 21 CPC in the matter of implementation of an interim order of injunction with the aid of Section 36 and Order 21, Rule 32 CPC ? (2) what would be the forum available for executing such orders?