S.K. KARUMBAYIRAM Vs. A. VAIYAPURI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the revision petitioners/decree holders against the order, dated 6.2.2007 made in E.P. No. 54 of 2004 in O.S. No. 20 of 1989 on the file of the District Munsif Court, Sankari.

(2.) FOR the sake of convenience the decree holders/plaintiffs are referred as revision petitioners and Judgment Debtors/defendants are referred as respondents hereafter

(3.) ADMITTEDLY , the revision petitioners filed a suit in O.S. No. 20 of 1989 on the file of the Principal District Munsif Court, Sankari, for declaration and three other consequential reliefs and the trial Court has granted two reliefs sought for by the revision petitioners but rejected the remaining two reliefs. Aggrieved over the rejection of the two reliefs sought for by the revision petitioners, the revision petitioners have preferred a first appeal in A.S. No. 94 of 1997 on the file of the Subordinate Court, Sankari. The First Appellate Court has granted the above said reliefs also which were already rejected by the trial Court. As per the decree passed by both the Courts below, the revision petitioners/decree holders filed Execution Petition in E.P. No. 54 of 2004 under Order 21 Rule 11 of the Code of Civil Procedure, to execute the mandatory injunction granted by both Courts below, failing which, they will be sent to civil jail and also to impose fine of Rs. 500/ - to each respondents.