IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 29^TH DAY OF MAY 2023 / 8TH JYAISHTA, 1945 CRP NO. 475 OF 2015 AGAINST THE ORDER DATED 08.07.2015 IN E.A.NO.139/2015 IN E.P.NO.241/2011 IN O.S.NO.1120/2001 OF ADDITIONAL MUNSIFF COURT, ALAPPUZHA REVISION PETITIONERS/DECREE HOLDERS/PLAINTIFFS:

1 GEROGE BENJAMIN, AGED 71 YEARS, S/O BENJAMIN, POLLAYIL VEEDU, PUNNAPRA MURI, PUNNAPRA VILLAGE.

2 PHILOMINA, KOCHUMAPARAMBU, POLLAYIL VEEDU, PUNNAPRA MURI, PUNNAPRA VILLAGE.

3 SOOSAMMA PETER, MARIYA POZHIYIL, THAIKKAL P.O., CHERTHALA

4 RETHAMMA, PANACKAL PURACKAL, VADACKAL, ALAPPUZHA.

5 LILLYKKUTTY, SASTHAMPARAMBIL, KATTOOR MURI, KALAVOOR BY ADVS.

S.SANAL KUMAR BHAVANA VELAYUDHAN M.T.SURESHKUMAR T.J.SEEMA SMITHA PHILIPOSE RESPONDENTS/JUDGMENT DEBTORS/DEFENDANTS:

1 SUBAIDA, ANCHIL VELIYIL, PUNNAPRA MURI, PUNNAPRA VILLAGE, ALAPPUZHA DISTRICT- 688 004

2 ELSY VARGHESE, ANCHIL VEEDU, PUNNAPRA MURI, PUNNAPRA VILLAGE, ALAPPUZHA DISTRICT-688 004

3 THRESSIYAMMA VARGHESE, POONTHRASSERY VEEDU, PUNNAPRA, ALAPPUZHA DISTRICT-688 004 BY ADVS. S.SUJINI NARENDRA KUMAR M THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R It is against the order dated 08.07.2015 in E.A.No.139/2015 and E.P. No. 241/2011 that the decree holder came up. The abovesaid order was passed on an application submitted by the decree holder to appoint a survey Commission to assist the Amin so as to translate the plan annexed to the decree to the land and enable the plaintiffs to put up a permanent boundary structure within their boundary. The decree granted consists of the decree for fixation of boundary and also the decree for permanent prohibitory injunction against the defendants not to commit any kind of trespass on the property of the plaintiffs or any portion thereof. Necessarily, there shall not be any kind of obstruction on the part of the defendants in putting up a permanent boundary structure within the boundary of the plaintiffs, either by way of fencing, barbed wire fencing, compound wall, or any other structure. The execution court fails to appreciate the decree granted by the trial court in its true sense. When there is a decree for fixation of boundary, it would consist of a declaration of respective possession of the property lying on either side of the boundary fixed by the respective parties. When it is coupled with a permanent prohibitory injunction, it would suffix to maintain a boundary in alignment with the fixed boundary line. Hence, the plaintiffs have every right to put up any boundary structures within their property in alignment with the boundary fixed, for which a Surveyor can be appointed to assist the Amin, otherwise it would be a violation of permanent prohibitory injunction granted against trespass and fixation of boundary. Necessarily, the order of the execution court will stand set aside and the application will stand allowed. The execution court shall appoint a qualified Surveyor to assist the Amin. The parties shall appear before the execution court on 08/06/2023. The decree holder will be at liberty to take over or demolish any structures situated within his property.

The C.R.P. will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE rkr-29/05/23