1 O.P.(C) NO.1650 OF 2024 2025:KER:24232 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 O.P.(C) NO.1650 OF 2024 (AGAINST THE ORDER/JUDGMENT IN OS NO.416 OF 2016 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM) PETITIONERSJUDGMENT DEBTORS/DEFENDANTS: 1 SUBY BROWN, AGED 42 YEARS, W/O. ROHNY J.JOHN, KATTINILATHIL HOUSE, 2ND FLOOR, YASORAM VICTORIA TOWER, KACHERIPADI, BANERJI ROAD, COCHIN, BROWNS RESTAURANT, KACHERIPADI, KOCHI, PIN – 682 018 2 ROHNY J. JOHN, AGED 44 YEARS, S/O. JOHN, KATTINILATHIL HOUSE, 2ND FLOOR, YASORAM VICTORIA TOWER, KACHERIPADI, BANERJI ROAD, COCHIN , BROWNS RESTAURANT, KACHERIPADI, KOCHI, PIN – 682 018 BY ADVS. JOHNSON MANAYANI JEEVAN MATHEW MANAYANI RESPONDENT/DECREE HOLDER/PLAINTIFF: MATHEW FRANCIS ALAPPAT, AGED 59 YEARS, S/O. A.J.FRANCIS, F13 EMGEE INTERNATIONAL, EXPRESS ESTATE, KALOOR-KADAVANTHRA ROAD, KALOOR P.O, ERNAKULAM, PIN – 682 017 BY ADVS. AUGUSTINE JOSEPH .K.F ARJUN REMANAN(K/000821/2024) TONY AUGUSTINE(K/000341/2010) GEORGE RENOY(K/263/2015) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.7.2024, THE COURT ON 21.03.2025 DELIVERED THE FOLLOWING: 2 O.P.(C) NO.1650 OF 2024 2025:KER:24232 JUDGMENT (Dated 21st March, 2025) The petitioners are the defendants in O.S.No.416 of 2016 on the files of the IInd Additional Munsiff Court, Ernakulam. The respondents are the plaintiffs therein. The suit was filed for permanent prohibitory injunction. The suit was decreed, and the defendants were restrained by a prohibitory injunction from trespassing into the plaint schedule property and from causing any obstruction to the peaceful possession and enjoyment of the plaintiff and peaceful conduct of business therein including placing of signboards in the parapets of the plaint schedule room and committing any waste therein. 2. The defendants were also restrained by a permanent prohibitory injunction from removing the existing signboard of the 2nd plaintiff on the parapet on the southern side, eastern and western walls of plaint schedule rooms, and from placing any board, hoarding, or banner in front of the plaint schedule rooms so as to obstruct or 3 O.P.(C) NO.1650 OF 2024 2025:KER:24232 block the view from the public road on the south. 3. Alleging violation of the judgment and decree, the respondent filed E.P.No.297 of 2023 in O.S.No.416 of 2016. An objection was filed by the judgment debtors as Ext.P4. The counsel for the petitioners has produced Ext.P5, the copy of the ‘B’ Diary in E.P.No.297 of 2023, and points that after the filing of the E.P. and the objection, without conducting any enquiry and without entering into a finding as to the violation of the decree, on 19.07.2024, the Amin was deputed to effect delivery in accordance with the decree. Therefore, the petitioners have approached this court under Article 227 of the Constitution of India to set aside all further proceedings in E.P.No.297 of 2023 and pray for the execution proceedings to be stayed. 4. Heard the counsel for the petitioners as well as the respondent. 4 O.P.(C) NO.1650 OF 2024 2025:KER:24232 Taking note of the proceedings in the ‘B’ Diary, the objections filed by the petitioners herein to the execution petition, as well as the relief sought for in the execution petition, I am of the considered opinion that, the petitioners objections were not considered before passing orders by the execution court while deputing the Amin for effecting delivery. In the said circumstances, the order dated 19.07.2024, deputing Amin, has to be set aside, and I do so. In the result, this original petition is allowed, and the execution court is directed to reconsider E.P.No.297 of 2023, in the light of the objections filed by the petitioners after hearing both parties and to pass appropriate orders thereafter. Sd/- BASANT BALAJI, JUDGE ss 5 O.P.(C) NO.1650 OF 2024 2025:KER:24232 APPENDIX OF OP(C) 1650/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN OS NO.416/2016 OF THE 2ND ADDL MUNSIFF’S COURT, ERNAKULAM DT 5.3.2022 Exhibit P2 TRUE COPY OF THE DECREE IN OS NO.416/2016 OF THE 2ND ADDL MUNSIFF’S COURT, ERNAKULAM DT 5.3.2022 Exhibit P3 THE TRUE COPY OF THE EP NO.297/2023 IN OS NO.416/2016 OF THE MUNSIFF’S COURT, ERNAKULAM DT 10.7.2023 Exhibit P4 THE TRUE COPY OF THE PETITIONERS’ OBJECTION DT 9.12.2023 IN EP. 297/2023 IN OS. 416/2016 FILED BEFORE MUNSIFF’S COURT, ERNAKULAM Exhibit P5 TRUE COPY OF THE B DAIRY PROCEEDINGS IN EP. 297/2023 IN OS. 416/2016 OF THE PRINCIPAL MUNSIFF COURT, ERNAKULAM