A DIRAVIDAMANI Vs. CHITRADEVI

JUDGEMENT

(1.) EXECUTIO est finis et fructus legis" " An execution is the end and the fruit of law. But this Civil Revision Petition seeks to examine a larger question as to whether a decree for permanent injunction is a mere enforceable decree and not an executable decree. It also raises the consequential question as to whether a person, who secured a decree for permanent injunction, is entitled to seek police protection by taking recourse to Section 151 CPC without even filing any execution petition as provided under Order XXI, Rule 32 CPC.

(2.) HEARD Mr. S.A. Ajmal Khan, learned counsel for the petitioner and Mr. S. Meenak'shi Sundaram, learned counsel for the respon"dents.

(3.) THOUGH the petitioner filed a counter admitting the fact that the decree had attained finality, he also contended that he did not in"terfere with their possession and enjoyment of the property. The Court below, after enquiry, passed an order directing the police to grant protection to the respondents in the event of any interference by the petitioner with their possession of the suit property. It is against the said order that the petitioner has come up with the present Civil Revision Petition.