J. GANESSIN Vs. LATHA @ STELLA

JUDGEMENT

(1.) The above Civil Revision Petition arises against the dismissal of the application filed by the revision petitioner, who has appeared as Party-in-Person before the Court below in E.A. No. 39 of 2015 in E.P. No. 83 of 2012 by the learned I Additional District Munsif, Puducherry. The said application has been moved for demolishing unlawfully raised superstructure by the respondents/Judgment Debtors in the "B" Schedule property. The said "B" schedule property in the suit has been described as follows:

(2.) The revision petitioner has obtained an ex parte decree for an injunction, restraining the defendants and their henchmen, servants and agents from interfering with the rights of the plaintiff in respect of "B" schedule property in any manner and for declaring that the Sale Deed dtd. 10/6/1999 registered in Document No. 2591/1999 and Settlement Deed dtd. 20/7/1992 registered in Document No. 3156/1992 are executed in favour of the defendants as sham and not binding on the plaintiff.

(3.) Thereafter, the Decree Holder has filed an execution petition in E.P. No. 83 of 2012 before the learned I Additional District Munsif, Puducherry, under Order 21 Rule 32(5) of the Code of Civil Procedure, to punish the defendants for the disobedience of the Decree of the Court as the defendants were trying to construct the compound wall in the "B" schedule property.