DEVADAS Vs. CHANDRAN

JUDGEMENT

(1.) THE order dated 18.09.2012 in E.P.No.255 of 2011 in O.S.No.276 of 1996 of the Additional Munsiff's Court, Alappuzha is under challenge in this civil revision at the instance of petitioner/1st judgment debtor.

(2.) RESPONDENTS /decree holders obtained a decree for prohibitory injunction restraining the petitioner and other judgment debtors from trespassing into the plaint schedule property, identified by the Advocate Commissioner and marked in Ext.C1(b), plan as ABCDEF plot. The decree also restrain petitioner and other judgment debtors from causing obstruction to the decree holders carrying out necessary repairs to the shed in the suit property. Respondents filed E.P.No.255 of 2011 alleging that when they put up a fence on the AF line, that was obstructed by the petitioners and others and hence requested the executing court to depute an Amin with the assistance of a Surveyor for construction of fence or compound wall along the AF line and if necessary to order delivery of ABCDEF plot to the respond

(3.) That application was opposed by the petitioner on various grounds including that the decree does not provide for fence or compound wall, construction of fence or compound wall would affect right of access of the petitioner and others and that the decree does not provide for delivery of possession of the property.