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1 - 2 of 2 (0.17 seconds)C.Prasannakumari vs C.Sudhakaran on 22 December, 2005
4. It is not in dispute that the revision petitioner has
obtained a decree for putting up a boundary structure on the
western side of her property. It is strenuously argued by the
learned counsel for the respondent that the decree is not
executable, as the same was passed on the basis of a resurvey
plan which has not become final. But, as the decree obtained by
the petitioner has attained finality, there is no reason why the
same shall not be executed. As the decree is for constructing a
boundary structure on the western boundary of the petitioner's
property separating the property of the respondent, it is quite
necessary to have the assistance of an Advocate Commissioner to
identify the boundary with the help of a plan where the proposed
boundary structure has to be put up. See Prasannakumari C. v.
C. Sudhakaran and Another (2012 (1) KHC 594) where it was
held that if the decree can be executed by fixing the boundary after
ascertaining the same as per a survey commission, the execution
court is bound to execute the decree after following such a
procedure.
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