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2018 Supreme(Ker) 734

P.SOMARAJAN
Thayyil Gopalan S/o. Kanaran – Appellant
Versus
Thayyil Madhavi D/o. Raman – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. O.V. Maniprasad, Sri. Saju J. Panicker
For the Respondents: Sri. B. Krishnan, Sri. R. Parthasarathy, Sri. E.S. Ashraf

JUDGMENT :

An application in E.A.No.225 of 2005 under Order XXI Rule 97 of the Code of Civil Procedure submitted by four siblings of defendant Nos.1 to 3 resisting the execution of decree passed in O.S.No.10 of 2003 by the Munsiff's Court, Perambra was dismissed by the Execution Court by its order dated 24.11.2011. It was taken up in appeal in A.S.No.36 of 2011 wherein the order of the execution court was confirmed. Aggrieved by the said order/decree, the claim petitioners came up with this Execution Second Appeal.

2. The suit is one for fixation of boundary and for permanent prohibitory injunction. It was decreed by fixing the boundary separating the property of plaintiffs from that of defendant Nos.1 to 3 on the northern and western sides. The northern and western property originally belonged to one deceased Kanaran, the father of defendant Nos.1 to 3 and the claim petitioners. They obtained right and title over the property by devolution on the death of their father. The property was not partitioned by any registered deed of partition. After the passing of the decree fixing the northern and western boundaries it was put in execution. The execution of the decree was objected by the




















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