S. KENNEDY Vs. G.GOGULAKRISHNAN

JUDGEMENT

(1.) THE judgment debtors in E.P.No. 135 of 2005 in O.S.No. 444/1999 on the file of the Principal District Munsif Court, Alandur are the petitioners in the present civil revision petitions. The decree holder is the respondent in both the revisions.

(2.) THE above suit O.S.No. 444/1999 came to be filed by the respondent herein for the following reliefs:

(3.) MEANWHILE , the respondent herein/decree holder filed E.P.No. 135/2005 on the file of the trial court for executing the decree granting mandatory injunction. Such an Execution Petition came to be filed even before the filing of the first appeal before the first appellate court. The Executing Court, without properly reading and understanding the decree of the trial court, instead of directing removal of the construction directed to be removed, ordered delivery of possession. The said order passed in the Execution Petition was set aside by this court by its order dated 16.09.2010 made in C.R.P.No. 594 of 2010. Subsequently, the first appeal came to be dismissed and in the second appeal, the decree of the trial court was modified to the extent indicated supra.