IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7079 of 2008(P) ------------------------- AGAINST THE ORDER IN EA.634/08IN EP.887/05 IN OS.37/1997 of PRL.MUNSIFF COURT,THRISSUR PETITIONER: ------------ SUBRAMANIAN, AGEED 59 YEARS S/O.CHENNAMKUZHI SANKARAN, P.O.AVANUR TRICHUR DIST. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS: ------------- RAJAN ALIAS RAJACHANDRAN S/O.CHENNAMKUZHI SANKARAN, AVANUR P.O. TRICHUR DIST. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J. ========================= W.P.(C) NO.7079 OF 2008 ========================= Dated this the 29th day of February 2008 JUDGMENT This writ petition is filed to direct the Munsiff, Trichur to consider E.A.634/2008 in E.P.887/2005 in O.S.37/1997 and to stay further proceedings. By an earlier order in W.P.(C) 32757/2007 this Court has laid down the procedure to be adopted by the court below re-iterating that what is to be done by the Court while executing a compromise decree is to implement the intention of the parties and see that the terms of the compromise are implemented. It is seen from the compromise petition that a surveyor has gone to the property earlier and had submitted a sketch whereby the yellow shaded portion is shown as the entitlement of the plaintiff and the green shaded portion as the entitlement of the defendant. It is further re-iterated therein that a fence has to be put up between these two. So when an execution petition is filed, the court has to first fix the line where the boundary is to be fixed and either fencing or construction of a compound wall is to be permitted thereafter W.P.(c)No.7079/2008 2 only. It shall not be done by the Commissioner while fixing the boundary line for the reason that the parties may have objection to the Commissioner's report in such cases. Therefore, I direct the court below to permit the Commissioner, who is already inspecting the property, to finish the work and submit a report and plan and then direct the court to consider the objections of the parties on that plan and report by permitting them to adduce evidence and then decide the boundary line separating the two properties, fix it and then implement that order by directing the Commissioner to go again to the property and construct the fence or the compound wall, as the case may be. It is further directed that the Commissioner shall not effect any construction in the property till a final adjudication is made by the court. M.N.KRISHNAN, JUDGE css/