GANESAN Vs. V. MURUGAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed seeking to set aside order passed in E.P.No.20 of 2013 in O.S.No.84 of 2009, dtd. 29/4/2015, on the file of the District Munsif Court, Srivaikundam.

(2.) Originally, the petitioner filed a suit in O.S.No.84 of 2009 against the respondent herein for permanent injunction, restraining the respondent from interfering with the peaceful possession and enjoyment of the petitioner's property. After trial, the suit was decreed on 9/1/2013. After the decree, the petitioner herein filed an Execution Petition in E.P.No.20 of 2013 for punishing the respondent for disobeying the decree, dtd. 9/1/2013. The said execution petition was dismissed by the Execution Court. Challenging the said dismissal of the execution petition, the petitioner has filed the present revision before this Court.

(3.) The case of the petitioner is that the respondent's property is situated south to the petitioner's property. At the time of filing of the suit, the respondent's property was in a dilapidated condition. Subsequently, after filing of the suit, after attaining the decree, the respondent demolished his property and constructed a new building in his property. They have also encroached the petitioner's property and damaged the same. After the suit, the respondent damaged the North and West side walls of the petitioner's house. Therefore, the petitioner had sent a notice to the respondent and subsequently filed an execution petition for contempt before the learned District Munsif, Srivaikundam, in E.P.No.20 of 2013. The Execution Court failed to consider the case of the petitioner by relying on the Commissioner's report and dismissed the Execution Petition which necessitates the petitioner to approach by filing the present Civil Revision Petition.