N GANDHI Vs. N SRINIVASAN

JUDGEMENT

(1.) Challenging the fair and decreetal order, passed in E.P.No.1983 of 2010 in O.S.No.6190 of 2004, on the file of IX Assistant City Civil Court, Chennai, the Judgment Debtor has filed the above Civil Revision Petition.

(2.) The respondent/plaintiff filed a suit in O.S.No.6190 of 2004 for mandatory injunction, directing the defendant to remove the cemented ramp measuring 7 ft x 16 ft in front of the defendant's house i.e., "C" schedule property; for mandatory injunction, directing the defendant to reduce the height of the floor from 6 ft to 1 feet on the northern side of the defendant's property i.e., "C" schedule property; for mandatory injunction directing the defendant to reduce the height of the Drainage mouth cab from 7 feet to 2 feet in front of the "B" and "C" schedule property and for permanent injunction, restraining the defendant from repeating the said or similar encroachments or obstructions in "B" and "C" schedule properties.

(3.) The defendant remained absent before the trial Court. Hence the trial Court decreed the suit as prayed for on 23.12.2009. As against the judgment and decree, passed by the trial court, the defendant has not preferred any appeal or taken any steps to set aside the decree passed by the trial Court. Therefore, the judgment and decree passed in O.S.No.6190 of 2004 has become final. Pursuant to the decree passed by the trial Court, the plaintiff filed an Execution Petition in E.P.No.1983 of 2010. The Judgment Debtor filed his counter and contested the Execution Petition.