ABDUL JABAR Vs. MANI

JUDGEMENT

(1.) THE Civil Revision Petitioner/petitioner/plaintiff has projected this civil revision petition as against the order dated 11.04.2008 in E.A.17 of 2008 in E.P.19 of 2007 in O.S. No.52 of 1990 passed by the District Munsif cum Judicial Magistrate Court, Nannilam in dismissing the application filed by the revision petitioner under Order 26 Rule 9 of the Civil Procedure Code.

(2.) THE trial court, while passing orders in E.A.17 of 2008 on 11.04.2008, has observed that "in the suit the Advocate Commissioner has been appointed and the property is identified and as an executing Court this Court has to execute the decree as per the terms in the decree and also a rough sketch is attached to the decree and hence no necessity is warranted for the identification of the property, if any construction has been done subsequent to the decree that also be removed through process of law in the main execution petition" and resultantly dismissed the application without costs.

(3.) NOTICE has been served to the respondent in this Civil Revision Petition as early as on 08.08.2008 and today there is no appearance on behalf of the respondent side in person or through counsel.