SHIBU K.B. Vs. BABU JOSEPH AND OTHERS

JUDGEMENT

(1.) Petitioner is the 5th Judgment debtor in E.P.No.185 of 2016 in O.S.No.275 of 2009 pending before the Court of Munsiff, Chalakkudy. The 1st respondent and one Pradeep Kumar filed the above suit by invoking provisions under Order 1, Rule 8 CPC. Ext.P1 is the copy of the judgment in the suit. It can be seen from Ext.P1 that the prayer in the suit was one for permanent prohibitory injunction, restraining the defendants in the suit from conducting any commercial activity in the plaint schedule property. The 1st defendant in the suit filed an appeal against Ext.P1 judgment and Ext.P2 decree before the Court of Subordinate Judge, Irinjalakkuda as A.S.No.114 of 2011. Pending that appeal, the matter was referred for mediation. As per Ext.P2 mediation agreement, the appellant (1st defendant in the suit) and the respondents (plaintiffs) compromised the suit. Ext.P2 compromise and decree would reveal that the appellant (1st defendant in the suit) agreed to suffer the decree and he was exonerated from the liability of paying cost.

(2.) Subsequently, the property was purchased by the present petitioner. Alleging that the injunction decree has been violated, the 1st respondent preferred Ext.P3 execution petition by invoking Order 21, Rule 32 CPC. The petitioner has been made a party to Ext.P3. In that matter, the court below passed Ext.P11 order, which is challenged in this proceedings.

(3.) Heard the learned counsel for the petitioner, respondents 1 and 2, Standing Counsel for the 4th respondent Municipality and Standing Counsel for the 5th respondent Housing Board.