DOSS Vs. VEDHANAYAGAM AND OTHERS

JUDGEMENT

(1.) The instant CRP has been filed by the 1st defendant in the suit. By judgment and decree dated 03.12.2004, passed by Additional District Munsif Court, Mayiladuthurai, in O.S. No. 271/2003, the respondents 1 to 3 obtained decree against the petitioner and others directing the petitioner to remove the obstruction from the pathway and restore to the pathway to its original position.

(2.) Against the judgment and decree dated 03.12.2004, the revision petitioner filed an appeal in A.S.No.114 of 2005 before the Sub-Court, Mayiladuthurai, which was also dismissed on 27.02.2006. Therefore, the judgment and decree dated 03.12.2004, passed against the petitioner has become final.

(3.) The respondents 1 to 3 filed E.P.No.194 of 2008 before the Additional District Munsif Court, Myiladuthurai to execute the judgment dated 03.12.2004, against the petitioner. An Advocate Commissioner was also appointed by the executing Court. E.A.No.123 of 2009 was filed by the petitioner/judgment debtor stating, he has complied with the judgment and decree dated 03.12.2004, by removing the encroachment and he relied on the letter dated 26.02.2009 of the R.D.O., the fourth respondent herein.