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2026 Supreme(Online)(Ker) 22074

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
K R Somarajan – Appellant
Versus
Mollykuttiyamma Aleyamma @ Molly Mathew – Respondent


Advocates:
For the Appellants/Petitioners: Shri.G.Sreekumar
For the Respondents: Sri.P.Haridas, Shri.Biju Hariharan, Smt.Shijimol M.Mathew, Sri.P.C.Shijin, Smt.Roshin Mariam Jacob, Sri.Rishikesh Haridas, Sri.Nidhin Varkey Abraham Kadavil, Smt.Aiswarya Raj, Shri.Ashik J. Varghese

Table of Content
1. challenge to execution petition based on prior orders. (Para 1 , 2)
2. arguments over the validity and maintenance of execution petition. (Para 3 , 4)
3. finality of rights in execution context. (Para 5)

JUDGMENT

The original petition has been filed challenging the order in EA.No.4 of 2025 in EP.No.59 of 2019 in OS No.439 of 1985 passed on 06.02.2026 by the Munsiff Court, Thiruvalla. The petitioner is the judgment debtor. The order impugned has been produced as Ext.P14. The prayer in EA.No.4 of 2025 filed by the respondent is to depute an Advocate Commissioner and Surveyor. The prayer was opposed by the petitioner stating that there is an order of status quo passed by this Court in WPC.No.20024 of 2019 on 15.10.2019 (Ext.P12) with respect to the subject matter in the present suit and hence the Execution Petition cannot be proceeded. The facts which led to EA.No.4 of 2025 are as follows;

2. OS No.439 of 1985 was filed by the respondent for a decree of injunction. OS.No.429 of 1985 was filed by the predecessor-in-interest of the petitioner for fixation of boundary and consequential reliefs. The suits were tried together and disposed of by a common judgment. It finally

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