IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4321 of 2008(M) ------------------------------------- (OS.193/1995 OF PRL.MUNSIFF'S COURT., KOLLAM) .................... PETITIONER: ------------------- K.P.GOPALAKRISHNAN NAIR, KRISHNA VILASOM, ULIYAKOVIL, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR. RESPONDENTS: ----------------------- 1. ASHA, W/O. LATE K.V.SREEDHARAN NAIR, VELLANGAL VEEDU, ULIYAKOVIL, KOLLAM. 2. PRAMOD, S/O. LATE K.V.SREEDHARAN NAIR, -DO- -DO- 3. PRADEEP, S/O. LATE K.V.SREEDHARAN NAIR, -DO- -DO- 4. PRAVEENA, D/O. AHSA, -DO- -DO- 5. PREMJITH, S/O. LATE K.V.SREEDHARAN NAIR, -DO- -DO- BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4321 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of February, 2008. J U D G M E N T This writ petition is preferred to set aside Ext.P8 order and to defer the construction of the compound wall in pursuance of Ext.P8 order. This is a classical case which will demonstrate the disregard of a party to the orders and judgments of the Courts. A perusal of the order passed by the learned Munsiff would reveal that time and again the judgment debtor will violate the order of the Court and if a wall is constructed through the Court it will be demolished and I can give few illustrations as is seen from the order. The original decree holder filed E.A.416/01 and before that on 9.1.1996 there was an order to restore the compound wall into its original position on 26.12.96. The judgment debtor and his relatives demolished a portion of the compound wall. In E.A.416/01 an application was made for restoration of the compound wall through a Commissioner W.P.C 4321 OF 2008 -:2:- which was allowed by the Court with the assistance of the police. The judgment debtor approached the High Court, though obtained an interim stay later it was dismissed and thereafter the compound wall was restored through the process of the Court on 22.1.05 also with a right to recovery of loss of Rs.10,000/-. Thereafter at 6.30 p.m. on the very same day the relatives and men of the judgment debtor gathered there and demolished the compound wall as it is seen proved by Exts.C1 and C2. There has been a persistent and consistent move on the part of the judgment debtor to nullify the decree that has been granted by the Court. It is under such circumstances the Court again permitted the decree holder to construct the compound wall and also to recover the expenses incurred. I do not find any ground to interfere with that order. The prayer of the learned counsel for the writ petitioner to stay operation of Ext.P8 order till the disposal of I.A.655/08 also cannot be entertained for the reason that it is an application for setting aside the exparte decree which W.P.C 4321 OF 2008 -:3:- has been passed long long back and the matter has been adjudicated before the execution Court on innumerable number of occasions. I do not find any merit in this writ petition and therefore it is dismissed. M.N. KRISHNAN, JUDGE. ul/-