Somavally VS Prasanna Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A.HARIPRASAD
Somavally – Appellant
Versus
Prasanna Kumar – Respondent

ORDER

A.Hariprasad, J.—An interesting legal question pop up for determination: Can a decree in a suit for fixation of common boundary of the properties belonging to the plaintiffs and defendants be executed at the instance of the defendants?

2. Brief facts: Petitioners are the defendants in O.S.No.342 of 2005 on the file of the Munsiff’s Court, Chengannur. Challenge in this revision petition is against the order passed by the executing court in E.P.No.66 of 2011, wherein the defendants in the suit for fixation of boundary claimed demarcation of a common boundary between their property and that of the plaintiffs. In this context, it is relevant to note that the suit was one for declaration of the plaintiffs’ right over plaint schedule property, prohibitory injunction against the defendants from trespassing into the property and also for fixation of common boundary. The suit was partly decreed by the trial court declaring the plaintiffs’ right over the plaint schedule property and also holding that the line IOM in Ext.C6 plan submitted by the commissioner is the boundary line separating the properties of the contesting parties. Certified copy of the plan has been made a part of the dec