P. RAMAMOORTHY Vs. S. MEYAKKELRAJ

JUDGEMENT

(1.) The petitioner had filed a O.S.No.147 of 1997, on the file of the Principal District Munsif Court, Karaikudi, praying for a decree of permanent injunction in respect of plaint 'A' Schedule and a decree of mandatory injunction in respect of plaint 'B' Schedule. The suit was partly decreed by the Trial Court, by judgment and decree dtd. 27/6/2003. The learned Trial Judge decreed the suit in respect of plaint 'A' Schedule. However, the prayer in respect of plaint 'B' Schedule was negatived.

(2.) Alleging that the respondents have violated the decree of injunction granted by the Trial Court, the petitioner has filed an Execution Petition in E.P.No.141 of 2004 on the file of the Principal District Munsif, Karaikudi. The learned Executing Judge, had appointed an Advocate Commissioner.

(3.) After perusing the Commissioner Report, the learned Executing Judge had dismissed the application filed by the petitioner stating that the respondents have already put up construction and that the remedy available to the petitioner is only by filing a separate suit for removal of construction. The order dtd. 13/8/2012, is now assailed in this Civil Revision Petition.