D BALAKUMAR ALIAS SELVAKUMAR Vs. VEDACHALAM

JUDGEMENT

(1.) THE decree holders/plaintiffs in O.S. No. 1528/90 on the file of the District Munsif-cum-Judicial Magistrate, Ambatur, unable to succeed in their attempt, to execute the mandatory injunction order, have come to this court, as revision petitioners.

(2.) THE revision petitioners as plaintiffs had filed a suit originally, in the Court of District Munsif at Poonamallee, for declaration, permanent injunction and mandatory injunction against four defendants, arraying the respondents herein as the 2nd and 4th defendants. It appears the defendants had not contested the case, resulting a decree on 18.6.1992, as prayed for. Till the year 1997, though the plaintiffs had obtained a decree in the year 1992, they had not taken out any execution proceedings, for enforcing the order of mandatory injunction. In the meantime, the Judicial Magistrate, Ambattur was conferred with Munsif Power and therefore, it appears the decree was trasmitted, for execution before the District Munsif-cum-Judicial Magistrate, Ambattur.

(3.) AGGRIEVED by the order passed by the District Munsif in the memo filed by the first respondent herein, as well as the conclusion that the E.P. is barred by limitation, the revision is targeted, impugning the said orders.