IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 CRP.No. 785 of 2003(I) -------------------------------- EA.1/2000 IN E.P. NO.141/88 IN OS.296/1986 of MUNSIFF COURT, PUNALUR .................... REVN. PETITIONER: DECREE HOLDER ----------------------------- P.NARAYANAN, ALUVILA VEEDU, KOMALAM, ANCHAL. BY ADV. SRI.B.KRISHNA MANI SRI.V.PREMCHAND RESPONDENTS: C.PETRS 2 & 3 IN EA & IMPLEADED IN EA.70/02 ------------------------- 1. R.SREEDHARAN, SREE NARYANA MANDIRAM, KOMALAM, VADAMON P.O. ANCHAL VILLAGE. 2. SATHEESAN, S/O.BHASKARAN, DINESA MANDIRAM, KOMALAM, VADAMON P.O. ANCHAL VILLAGE. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) SRI.K.HARILAL THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 785 OF 2003 --------------------- Dated this the 8th day of January, 2008 ORDER This revision petition is preferred against the order of the Munsiff, Punalur, in EA 1/00 in E.P 141/88 in OS 296/86. The original decree holder has obtained a decree against the defendant in the suit restraining the defendant from trespassing into the plaint schedule property to use the Shaka house of the SNDP in the plaint schedule property or to disturb the character of the plaint schedule property etc. The original plaintiff died and additional plaintiffs have obtained the decree. The decree holders moved an application against the defendant as E.P 141/88 for enforcement of the decree. In the meanwhile, on 3.8.02 the judgment debtor died. It is true that a decree for injunction can be executed against the legal representatives on death of the original debtor relying on a decision reported in Kathiyammakutty Umma v. Thalakkadath Kattil Karuappan and Ors. [AIR 1989 Kerala 133]. But now the proposed respondents are not at all the legal representatives of the deceased judgment debtor and the suit is not filed under Order I Rule 8 in a C.R.P. NO.785/03 2 representative capacity for claiming reliefs over innumerable number of persons. Therefore, It may not be possible to enforce the decree against these persons since they are not parties to the decree and that the decree is not binding on them. The approach of the court below in dismissing the EP 141/88 as well as the EA1/00 cannot be found fault with. Therefore, the civil revision petition is dismissed. M.N.KRISHNAN, JUDGE vps C.R.P. NO.785/03 3