Mercy vs Chellayyan Nadar
The
execution court considered the rival contentions and held relying on
the decisions of this Court in P.T.Xavier Vs. Lucy V. Paply [AIR
2002 Ker 146] and Kamalamma Vs. Trivandrum Permanent
Bank [1986 KLT 1181] that as the trial court decree has merged
with the appellate court decree which was passed on 6.9.2011 and
the decree which can be executed is the appellate court decree
applying the doctrine of merger, the contention of the defendant
that the dismissal of the earlier execution petition would operate
resjudicate cannot be accepted. The said order, a copy of which is
on record as Ext.P3 is under challenge in this original petition filed
under Article 227 of the Constitution of India.