IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
UNNI AGED 63 YEARS S/O KUTTANKULANGARA CHENNAN – Appellant
Versus
VILASINI W/O KANDAKULANGARA APPUKUTTAN – Respondent
| Table of Content |
|---|
| 1. summary of the facts regarding the execution of the decree. (Para 1) |
| 2. court's reasoning acknowledges the petitioner's right to object to measurement. (Para 2) |
| 3. court directs resumption of execution process. (Para 3) |
JUDGMENT
The petitioner is the decree holder in O.S.No.45 of
2010 of Munsiff Court, Wadakkanchery. Ext.P3 is the judgment in the suit. As per Ext.P3 the defendants have been directed to put the plaintiff in possession of the yellow shaded portion in Ext.C2(a) plan, removing the concrete posts or portion of the concrete basement of the posts and fencing which comes within the said yellow shaded portion. E.P.No.209 of 2012 filed for that purpose was closed, noting that the delivery has been effected. According to the petitioner, there was no effective delivery and hence E.P.No.241 of 2013 was filed. The said execution petition was the subject matter of O.P(C).No.129 of 2015 before this Court, which was disposed of by Ext.P5 judgment. This Court directed the execution court to appoint a Surveyor instead of a Village Officer to assist the Amin to effect delivery and fix a day for it and to dispose of the matter expeditiously. Thereafter, the Amin attempt
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