Petitioner is the second defendant in O.S.No.118 of 1979 of the court of learned II Additional Munsiff, Neyyattinkara. That is a suit for partition of mortgage right in the property. There was a preliminary decree allotting half share each to the petitioner and plaintiff. Later respondent purchased half share of the plaintiff. Thereafter final decree was passed based on Exts.C1 and C1(a), report and plan. As per the final decree a sum of `1,11,395/- was due as owelty from the respondent and payable to the plaintiff. It is submitted by learned counsel for petitioner that since the respondent did not pay the said amount, petitioner in accordance with the direction in the final decree paid the said amount to the plaintiff and got possession of half share allotted to the respondent as per the final decree. It is submitted by learned counsel that later, petitioner filed E.P.No.414 of 2008 for delivery of the half share of respondent and as per order on that execution petition, delivery was effected and the execution petition was closed. Grievance of petitioner is that after delivery was effected and execution petition was closed, respondent trespassed into the suit property. petitioner filed E.A.No.911 of 2010 to re-open E.P.No. 414 of 2008 (it was closed recording full satisfaction). Since executing court did not consider that application petitioner approached this Court with O.P.(C) No.31 of 2010 and obtained a direction to the executing court to consider that application.
