IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 22661 of 2010(O) -------------------------- OS.232/2003 of PRL.MUNSIFF COURT.,KANNUR .................... PETITIONERS: --------------- 1. KRISHNAN VYDIAR, S/O. KUNHAPPU NAMBIAR NAMMANAT HOUSE, ATHIRAKAM.P.O., MUNDAYAD, KANNUR-570597. 2. SUNIL, S/O. KRISHNAN VYDIAR, AGED 43 YEARS, BUSINESS, BUILDING NO.CW-35/1944, M.A.ROAD, KANNUR. BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN) RESPONDENTS: --------------- 1. CHAMBANTAVIDA UMMER FAROOQUE, S/O. ABDUL KHADER, RESIDING AT FASILAS, MUZHAPPILAMGAD, KANNUR-570597. 2. CHERLOYYILE MUKRIKADAVATHU PURAYIL ABDULLA HAJI, S/O ABDUL KAREEM HAJI, RESIDING AT P.O.MATTOOL KANNUR-570597. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.22661 of 2010 --------------------------------------- Dated this 20th day of July, 2010 JUDGMENT This writ petition is in challenge of Ext.P7, order dated 26-06-2010 directing petitioners/judgment debtors to comply with the decree within 15 days from the date of order. Respondents obtained decree against petitioners for removal of certain portions of the building of petitioners which projected into the property of respondents. Alleging that decree was not complied respondents filed E.P.No.141 of 2009. Petitioners contended that they have already complied with the decree. Executing court appointed an Advocate Commissioner who submitted Ext.P5, report. Executing court found from Ext.P5 that decree is not obeyed in its letter and spirit as seen from the report and plan and passed Ext.P7, order. Learned counsel contends that Exts.C1 and C1(a) would show that the decree has been complied by the petitioners and hence a further direction was not warranted. It is also contended by learned counsel that decree violated fundamental rights of petitioners. 2. The decree has become final and that has to be obeyed. From Exts.C1 and C1(a) executing court found that W.P.C.No.22661 of 2010 : 2 : decree has not been complied in letter and spirit. That finding is based on materials on record. As such, I do not find reason to interfere with the impugned order but I make it clear that execution shall be in strict compliance of the directions contained in the decree. Writ petition is closed with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-