ANANDAN Vs. JOHN K. JOHN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the contesting respondent. Petitioner seeks the following prayers :

(2.) Petitioner is said to be a heart patient undergoing treatment in Medical College. He was the defendant in O.S No.144 of 2005 on the file of the Munsiff Court, Pathanamthitta. The said suit for injunction was filed by the respondent. Petitioner suffered an ex parte decree in the suit. He filed O.S No.152 of 2005 against the respondent before the same court. That suit was dismissed for default. The attempt of the petitioner is to set aside the ex parte decree against him and also to restore the suit filed by him did succeed as the court below dismissed both these applications. Thereafter, the petitioner allegedly cut open a pathway through the property of the respondent against the terms of the permanent prohibitory injunction decree passed in O.S No.144 of 2005. Hence the petitioner approached the executing court by filing E.P No.54 of 2012 under Order 21, Rule 32 of the Code of Civil Procedure, 1908. As per Ext.P2 order, the court below directed the respondent as follows :

(3.) Thereafter, Exts.P3 and P4 orders were passed by the executing court. Ext.P5 is the petition filed by the petitioner seeking to review the earlier order. That was dismissed as per Ext.P6. Ext.P6 order is under challenge in this Original Petition and also seeking relief under Ext.P9. It is the submission of the learned counsel for the respondent that the executing court on 09-03-2017 passed orders on Ext.P9 petition as follows :