IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 457 of 2002()
1. MOHAMMED KASIAN ABDUL JALAL
... Petitioner
Vs
1. MOHAMMED KASIAN MOHAMMED RASHEED,
... Respondent
2. MOHAMMED KASIAN ABDUL VAHEED,
3. MOHAMMED KASIAN ABDUL BASHEER,
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent :SRI.M.BALAGOVINDAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/03/2008
O R D E R
M.N.KRISHNAN, J.
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R.P.No.457 of 2002
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Dated this the 3rd day of March, 2008
ORDER
This review petition is preferred with a prayer to review the
judgment of this Court in C.R.P.No.3391/01 dated 1st April, 2002.
The court below ordered demolition of construction done in the
property. This Court considered the matter elaborately and
allowed the revision on the following grounds. The court
examined the decree and found that the suit has been decreed by
granting a decree of injunction alone. The execution court when
an application under Order XXI Rule 32 was filed declined to
allow the prayer of recovery of possession but it granted an
order of demolition of construction. This Court opined that such
a course cannot be adopted in an injunction decree and therefore
held that the court cannot do something which had happened
after the decree when there is no such relief granted and
therefore, set aside the order of the executing court and gave
liberty to the decree holder to file a fresh E.P. in accordance
with law.
Rew.P No.457/2002 2
I do not find any error apparent on the face of the records
to interfere or any other reason to review the judgment and
therefore, the Review petition lacks merit and it is accordingly
dismissed.
M.N.KRISHNAN, JUDGE
csl