High Court allowed the revision petition by the decree holders against dismissal of execution. The Court set aside dismissal based on inclusion of non-decree parties and restored execution against original judgment debtors.
Dismissal of execution petition set aside and execution restored against original judgment debtors.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939
CRP.No. 156 of 2015 (B)
AGAINST THE ORDER IN E.P.No.75/2013 IN O.S.No.832/86 ON THE FILE OF THE COURT OF ADDITIONAL MUNSIFF-I, NEYYATTINKARA, DATED 08.01.2015
REVISION PETITIONERS/DECREE HOLDERS : -
BY ADV.SRI.G.S.REGHUNATH
(IT IS RECORDED THAT FIRST REVISION PETITIONER DIED AND THE LEGAL HEIRS OF THE DECEASED P1 ARE ALREADY IN THE PARTY ARRAY AS REVISION PETITIONERS 2 AND 3, VIDE ORDER DATED 19.09.2017 IN MEMO BEARING C.F.No.3312/2017).
RESPONDENTS/JUDGMENT DEBTORS 1-7 & 9-14 : -
CRP.No. 156 of 2015 (B)
2
R13-R14 BY ADV. SRI.RAM MOHAN.G. R13-R14 BY ADV. SRI.G.P.SHINOD R13-R14 BY ADV. SRI.MANU V.
R13-R14 BY ADV. SRI.GOVIND PADMANAABHAN R13-R14 BY ADV. SRI.AJIT G.ANJARLEKAR R3-R7 BY ADV. SRI.G.SUDHEER
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DMR/-
P. SOMARAJAN, J.
C.R.P. No.156 of 2015
Dated this the 16th day of February, 2018
ORDER
Against the order dated 08.01.2015 in E.P. No.75/2013 in O.S.No.832/86 of the Additional Munsiff's Court-I, Neyyattinkara,
the decree holders came up with this revision, aggrieved by the dismissal of E.P. on the ground that E.P. was filed not only against the judgment debtors, but also against some other persons who are not parties to either the decree or the suit. It is admitted by both the parties that a decree has been passed which is binding on both the parties - decree holders and judgment debtors. The E.P. was dismissed simply on the reason that some other parties were also impleaded in the E.P. as judgment debtors. The claim of the decree holders is that they were made in the E.P. as parties as they are claiming under the judgment debtors. But, the additional parties came up in the E.P. submitted that they are not claiming under any of the judgment debtors. Necessarily, they should be deleted from the party array of the execution petition. The dismissal of execution petition as against the original judgment debtors cannot be sustained. They are bound by the
C.R.P. No.156 of 2015
2
decree passed. When there is violation, it can be executed in accordance with the provisions contained in Order XXI CPC. When there is an obstruction, it has to be dealt with under the provisions contained in Order XXI CPC. So, the dismissal of E.P. as against the original defendants/original judgment debtors is hereby set aside. E.P. is restored to file as against the original defendants/judgment debtors. The lower court shall proceed with E.P. as against the original defendants/judgment debtors who are bound by the decree. No order as to costs.
P. SOMARAJAN, JUDGE
DMR/-
3 issues framed by the court
Whether the dismissal of execution petition against original judgment debtors was correct when they were impleaded non-decree parties.
Whether original judgment debtors remain bound by the decree despite violation by non-decree parties in the execution petition.
Whether the execution petition should be restored against original judgment debtors to proceed under Order XXI CPC.
1 provisions across 1 enactments
Daniel Chellan
Elizy Elizabeth
Shajumon
Nayanan Kunjan
Kunjan Palaiyyan
Russalayyan
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
