VADASERI UNNAMALAIKADAI MALAIYAM SALIYAR NAINAR MADAR PIRAI KANDA SASTHA KOVIL TRUST KANYAKUMARI DISTRICT Vs. BABY

JUDGEMENT

(1.) THE Civil Revision Petitioners/petitioners/plaintiffs 1, 2, 4 and 5 have filed the present Civil Revision Petition before this Court as against the order dated 23.06.2004 in E.P.No.136 of 2002 in O.S.No.501 of 1997 passed by the learned District Munsif, Nagercoil.

(2.) THE trial Court while passing the orders in E.P.No.136 of 2002 in O.S.No.501 of 1997 on 23.06.2004, has among other things observed that 'there is no document to categorically establish the prevailing physical features of the suit property at the time of passing of the decree and also that the independent witnesses have not been examined to prove that the constructions have been made after the decree and furthermore, the fact that out of the two respondents, one has not violated the decree, has been accepted and therefore, it is to be construed that the petitioners have not established beyond reasonable doubt that the respondents therein have violated the decree and resultantly, dismissed the application without costs.

(3.) IT is the contention of the learned Counsel for the petitioners/plaintiffs that the Executing Court ought to have given a finding that the respondents 1 and 2 (respondents in E.P), have committed an act of contempt of Court and in short, the Executing Court has failed to note down the admissions made by the respondents and therefore, prays for allowing the Civil Revision Petition in the interest of justice.