RAJAYYAN @ THANKAPPAN AND OTHERS Vs. MARY AND OTHERS

JUDGEMENT

(1.) The revision petitioners herein filed EP No.10 of 2016 before the learned Principal District Munsif, Kuzhithurai. The E.P was filed to enforce the final decree in a suit that was filed way back in the year 1961. The preliminary decree was passed in O.S.No.484 of 1961 on 07.05.1971. Final decree came to be passed on 30.03.2013. The revision petitioners herein waited for 1 1/2 years and thereafter, filed an execution petition. The same was not numbered. Therefore, for numbering the E.P, the first petitioner herein had to file CRP (MD)No.2542 of 2015 (NPD). The said CRP came to be allowed by this Court on 25.11.2015 in the following terms :

(2.) In terms of the direction given by this Court, E.P came to be numbered as E.P.No.10 of 2016. But, before the matter could take off, an objection was lodged to the effect that AS No. 29 of 2015 had been filed questioned the final decree in O.S.No. 484 of 1961 and the same was still pending.

(3.) The revision petitioners pointed out that the second respondent herein namely, Pushpam did not prefer any appeal and that therefore, the disposal of the said First Appeal will not cast any shadow on the present execution petition. But then, the executing court strangely chose to close the E.P with liberty to file a fresh E.P after the outcome of AS.No.29 of 2015.