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2026 Supreme(Online)(Ker) 10062

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
KUNJU KUNJU RAVEENDRAN – Appellant
Versus
MADHAVAN OMANA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.KEVIN JAMES, SMT.SHABNAM SAIDALAVI, SRI.ATHUL M.V., SRI.DEAGO JOHN, SRI.ASWIN V. NAIR
For the Respondents: SRI.ANTONY SHYJU, SRI.H.NUJUMUDEEN, SRI.SUKU V., SHRI.NAVAS HARID, SMT.SIMI M JACOB, SMT.SHERIN ACHU NINAN, SMT.ARYA S., SMT.ADHIRA SALIHA N.P.

Table of Content
1. question on jurisdiction of boundary fixation in final decree. (Para 1 , 2)
2. assessment of court's power to adjudicate boundary without proper jurisdiction. (Para 3 , 4 , 5)
3. discussion on respondent's rights and execution of the decree. (Para 6 , 7 , 8 , 9)
4. final decision on the appeal's outcome and implications. (Para 10 , 11 , 12)

EASWARAN S., J --------------------------------------------

R.S.A No.195 of 2025 --------------------------------------------

Dated this the 5th day of February, 2026 JUDGMENT The only question that is involved in the appeal is as to whether a decree for fixation of boundary can be executed finally in a final decree application.

2. The facts in this case are not under dispute.

Appellant and first respondent were husband and wife and were divorced through an order of the District Court, Pathanamthitta. The suit in O.S.No.274 of 1991 was instituted by the 1st respondent as plaintiff for partition, declaration of title and fixation of boundary. By judgment and decree dated 30.09.1999 the Sub Court, Pathanamthitta passed a preliminary decree by which item No.2 (ABC schedule) of the plaint was directed to be partitioned into two equal halv

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