JUDGMENT :

An interesting question as regards the applicability of Order 21, Rule 32(5) arises for consideration in this Original Petition. In the execution of a decree for declaration of title, followed by a prohibitory injunction, whether a Commission can be issued to construct a compound wall, which relief was not, in terms, granted, is the issue involved.

2. Having regard to the seriousness and intricacies of the issue involved, this Court appointed Adv. Jacob P. Alex as Amicus Curiae.

3. Heard Sri. Naseer Moidu, learned counsel for the petitioner; Sri. E.S.M. Kabeer, learned counsel for the respondents and the learned Amicus.

4. Learned counsel for the petitioner would submit that the title of the petitioner over the scheduled property has been declared, followed by a prohibitory injunction restraining the defendants from trespassing into the plaint schedule property, from destroying boundary demarcations therein and also from doing any act interfering with the peaceful possession and enjoyment of the plaintiff over the plaint schedule property. Based upon the said decree, the petitioner attempted to put up a compound wall within his boundary, which was obstructed by the responden