IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 OP(C).No. 4078 of 2011(O) ------------------------------------ OS.3409/2002 OF THE THIRD ADDITIONAL MUNSIFF COURT, THRISSUR ............................................................................................................................. PETITIONER : -------------------- SARASWATHY, AGED 46 YEARS, W/O.KOTTAYIL GANGADHARAN, GRAMANA DESOM, KILLANOOR VILLAGE, THRISSUR. BY ADV. SRI. C.A.ANOOP RESPONDENTS : -------------------------- 1. COCHIN DEVASWOM BOARD, REPRESENTED BY ITS PRESIDENT, THRISSUR-680 001. 2. KATTUPULLI MAHAVISHNU KSHETRA SAMITHI, REPRESENTED BY ITS PRESIDENT, GRAMANA DESOM, KILLANOOR VILLAGE, THRISSUR-680 001. ADV. N.RAGHURAJ, SC, COCHIN DEVASWOM BOARD FOR R1 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- OP(C).No. 4078 of 2011(O) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 COPY OF THE JUDGEMENT DATED 24/06/2004 IN OS.3409/2002 ON THE FILE OF THIRD ADDITIONAL MUNSIFF COURT, THRISSUR. EXT.P2 COPY OF THE DECREE DATED 24/06/2004 IN OS.3409/2002 ON THE FILE OF THIRD ADDITIONAL MUNSIFF COURT, THRISSUR. EXT.P3 COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN OS.3409/2002. EXT.P4 COPY OF THE COMPLAINT DATED 12/03/2010 SUBMITTED BY THE PETITIONER AND HER HUSBAND BEFORE THE SUB INSPECTOR OF POLICE, VIYYUR RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4078 of 2011 -------------------------------------- Dated this the 20th day of December, 2011. JUDGMENT Plaintiff in O.S.No3409 of 2002 of the court of learned Additional Munsiff- III, Thrissur is the petitioner before me. She claims that she has obtained a decree for prohibitory injunction restraining respondents from interfering with the rights she claims in the suit property and constructing compound wall on the northern side of the said property. According to the petitioner, respondents are creating obstruction to her enjoying the suit property. It is therefore prayed that learned Munsiff may be directed to appoint an Advocate Commissioner to supervise fencing work on the northern side of petitioner's property. 2. If petitioner has obtained a decree and it is violated, remedy is to seek its enforcement as provided under Order XXI of the Code of Civil Procedure. This Court cannot execute the decree at the first instance. Original Petition is closed without prejudice to the right of petitioner to move the executing court for enforcement of the decree if according to her the decree is not complied. THOMAS P.JOSEPH, Judge. cks