High Court of KeralaOP(C)/814/2015disposed of

Balakrishnan v. Sujatha

2015-06-15Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 OS 426/1992 OF ADDITIONAL MUNSIFF COURT, CHERTHALA --------------------- PETITIONER(S) (JUDGMENT DEBTORS/DEFENDANTS:

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1. BALAKRISHNAN, AGED 61 YEARS, S/O. KUTTAPPAN, PADANNAYIL, EZHUPUNNA VILLAGE AND MURI, ERAMALLOOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 587.

2. KANAKAMMA, W/O. BALAKRISHNAN, PADANNAYIL, EZHUPUNNA VILLAGE AND MURI, ERAMALLOR P.O.

CHERTHAA TALUK, ALAPPUZHA DISTRICT - 688 587. BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SRI.S.SIDHARDHAN SRI.PRATHAP. S.R.K.

RESPONDENT(S):

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1. SUJATHA, W/O. GANGADHARAN, PADNNAYIL, PADANNAYIL EZHUPUNNA VILLAGE AND MURI, ERAMALLOOR P.O.

CHETHALA TALUK, ALAPPUZHA DISTRICT - 688 587.

2. ABAYA CHANDRAN, D/O. GANGADHARAN, PADANNAYIL, PADANNAYIL EZHUPUNNA VILLAGE AND MURI ERAMALLOOR P.O., CHETHALA TALUK, ALAPPUZHA DISTRICT - 688 587.

3. RAJEEV, S/O GANGADHARAN, PADANNAYIL, PADANNAYIL EZHUPUNNA VILLAGE AND MURI, ERAMALLOOR P.O.

CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 587. ....2/-

..2..

4. VINOVIN, S/O. GANGADHARAN, PADANNAYIL, PADANNAYIL, EZHUPUNNA VILLAGE AND MURI, ERAMALLOOR P.O.

CHETHALA TALUK, ALAPPUZHA DISTRICT - 688 587. BY ADVS. SRI.J.OM PRAKASH SRI.T.G.SANTHOSH SRI.T.G.MANOJ THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE PLAINT IN OS NO. 426/92 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

P2 - TRUE COPY OF THE WRITTEN STATEMENT DT. 12.8.92 FILED BY THE PETITIONER IN EXT P1.

P3 - TRUE COPY OF THE JUDGMENT DT 29.3.1999 IN EXT. P1. P4 - TRUE COPY OF THE COMMISSION REPORT DT 26.2.97 FILED IN EXT. P1 SUIT. P4(A)- TRUE COPY OF THE PLAN MARKED IN EXT.P3 JUDGMENT P5 - TRUE COPY OF THE EXEUCTION PETITION DT. 20.3.12 IN EP NO. 60/12 IN OS NO. 426/92 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

P6 - TRUE COPY OF THE OBJECTION DT. 29.7.12 TO EXT. P5 EXECUTION PETITION.

P7 - TRUE COPY OF THE ORDER DT. 24.2.14 IN EP NO. 60/2012 IN OS NO. 426/92 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA. P8 - PHOTOGRAPHS (2 IN NUMBER) SHOWING LIE AND NATURE OF THE PETITIONERS' PROPERTY P9 - TRUE COPY OF HE COMMISSION REPORT DT. 22.7.14. P10 - TRUE COPY OF THE OBJECTION DT. 30.7.14 TO EXT . P9. P11 - TRUE COPY OF THE COMMISSION APPLICATION DT. 30.7.14 FILED BY THE PETITIONERS.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

B.KEMAL PASHA, J.

==================== O.P.(C). No.814 of 2015 ===================== Dated this the 15th day of June, 2015

J U D G M E N T

The petitioners have a grievance that the decree has been executed by overlooking the terms of the decree. According to the learned counsel for the petitioners, the Commissioner has gone beyond the decree in putting up the boundary. Prima facie, it seems from the photographs produced by the petitioners that the petitioners have grievance in the matter. The petitioners have filed Exhibit P12 I.A. before the court below. It seems that the court below has not disposed it of.

2. According to the learned counsel for the respondents, there is no ground for any grievance at all. Exhibit P12 has to be considered by the court below on

O.P.(C). No.814 of 2015 merits. The respondents should be given an opportunity to file counter in the matter. The parties can adduce evidence, if any, required in the matter. The court below shall treat the matter as urgent and dispose of Exhibits P11 and P12 as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. This Original Petition (Civil) is disposed of accordingly. Sd/- B.KEMAL PASHA JUDGE DSV/15/6/15