KARUNAMOORTHY Vs. PADMA

JUDGEMENT

(1.) Challenge has been made to the Order passed by the Execution Court in dismissing the Execution proceedings filed by the Revision Petitioner, the present Civil Revision Petition has been filed.

(2.) The brief facts leading to filing of this Revision Petition is as follows: The Revision Petitioners originally filed a Suit in O.S. No.164 of 2020 for Mandatory Injunction directing the Defendants to remove the Compound Wall and Gate said to have been constructed in the Petitioners ' land. The said Suit has been decreed in favour of the Petitioners. Challenging the said Decree and Judgment, it appears that the Respondent has filed an Appeal in A.S. No.30 of 2023 on the file of the Sub-Court, Namakkal. However, no stay of the Judgment and Decree of the Trial Court is granted by the First Appellate Court. At this stage, the Revision Petitioner filed an Execution Petition to execute the Decree passed in the above Suit. The Execution Court has dismissed the Execution Petition, since the Appeal in A.S. No.30 of 2023 is pending before the Sub-Court, Namakkal. Challenging the same, the present Revision Petition has been filed.

(3.) Heard both sides and perused the entire materials available on record.