K. SAJAN Vs. K.V. KARUNAKARAN AND ORS.

JUDGEMENT

(1.) The initial and essential question arising for consideration in these petitions is simple: Is an Execution Petition filed by a stranger to a decree on whom it confers a right maintainable Petitioner in OP (C) No. 482 of 2015 was the 1st defendant and the petitioner in the other OP (C) No. 1701 of 2015 the plaintiff in OS No. 101 of 2015 on the file of Sub Court, Kannur. The suit was for partition of the properties which belonged to their predecessor, Divakaran Nair. He had deposited money in certain banks, who were also made defendants. A compromise decree was passed on 12/11/2007. The decree authorised petitioners in these OPs to withdraw Rs.5 lakhs from the banks and to pay it to the 1st respondent in these OPs towards maintenance of the family temple and 'taravadu' and towards the expenses incurred after the death of Divakaran Nair. They were liable to pay the amount on the date of its withdrawal from the banks, or within one month from the date of recording of the compromise. Though they withdrew the amount, they did not pay it to the 1st respondent. So the 1st respondent filed EP No. 67 of 2013 before Sub Court, Kannur for its realisation with interest. The petitioners in these OPs raised a contention that the 1st respondent is not a decree - holder, he being not a party to the suit and the EP filed by him is not maintainable and his remedy is only to file a suit for recovery of the amount. There is also a contention that the 1st respondent is not entitled to interest as claimed by him in the EP. The executing Court rejected their objections.

(2.) Heard.

(3.) Admittedly, the 1st respondent is not a party to the decree. The submission of the learned counsel for the petitioners is that as he is not a party to the decree he cannot maintain an execution petition. The Code of Civil Procedure mentions three categories of persons who are entitled to apply for execution of a decree. They are decree - holder as mentioned in O.21 R.10, transferees of decrees as mentioned in O.21 R.16 and legal representatives of a decree - holder as mentioned in S.141.