AYISHA BEEVI Vs. SHEIK MYDEEN

JUDGEMENT

(1.) The civil revision petition arises out of an order passed by the Executing Court dismissing the application filed by the legal representatives of the judgment debtor, seeking restitution under Section 144, CPC.

(2.) Heard Mr.K.N.Thampi, learned counsel for the petitioners, Mr.G.Prabhu Rajadurai, learned counsel for the first respondent and Mr.A.Arumugham, learned counsel for respondents 2 and 3.

(3.) One Mr.Sheik Mytheen and his mother Mytheen Beevi filed a suit in O.S.No.420 of 1976 on the file of the District Munsif Court, Padmanabhapuram, against one Shahul Hameed, praying for a decree of recovery of possession, together with mesne profits. The plaint schedule described the property sought to be recovered as a Coffee Shop building located on the South-eastern portion of a land of an extent of 14. cents in Survey No.19/1, Thakkalai, situate on the North of Thuckalay-Thiruvananthapuram Road, on the West of Azhagiya Mandapam-Mekka Mandapam Road, on the East of Survey No.20 and on the South of Survey No.14.