IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 CRP.NO. 505 OF 2010() ---------------------------------- OS.75/1997 OF MUNSIFF COURT, PERUMBAVOOR .................... REVN. PETITIONER(S): RESPONDENTS/JUDGMENTS DEBTORS -------------------------------------------------------------------------------------------- 1. RAJAPPAN ILLAYIDOM,S/O.GOVINDAN ILLAYIDOM,KUZHUPPADICKAL,KARATTUPALLI KARA, PERUMBAVOOR VILLAGE. 2. PARUKKUTTI AMMA,W/O.RAJAPPAN ILLAYIDOM, KUZHUPPADICKAL,KARATTUPALLI KARA, PERUMBAVOOR VILLAGE. 3. MOHANAN, S/O.RAJAPPAN ILLAYIDOM, KUZHUPPADICKAL,KARATTUPALLI KARA PERUMBAVOOR VILLAGE. 4. ASHOKAN,S/O.RAJAPPAN ILLAYIDOM, KUZHUPPADICKAL,KARATTUPALLI KARA PERUMBAVOOR VILLAGE. 5. SREEDIVI,D/O.RAJAPPAN ILLAYIDOM, KUZHUPPADICKAL,KARATTUPALLI KARA PERUMBAVOOR VILLAGE. BY ADV. SRI.M.HARISHARMA RESPONDENT(S): PETITIONERS/DECREE HOLDERS ---------------------------------------------------------------------------- 1. BHARGGAVIAMMA,W/O.KRISHNAN ILAYIDOM, KUZHUPPADICKAL, RESIDING AT IN IDACKATTIL, KARATTUPALLI KARA, PERUMBAVOOR VILLAGE, ERNAKULAM,PIN-683 544. 2. MURUKAN, S/O.KRISHNAN ILAYIDOM, KUZHUPPADICKAL, RESIDING AT IN IDACKATTIL, KARATTUPALLI KARA, PERUMBAVOOR VILLAGE, ERNAKULAM,PIN-683 544. 3. SURESH,S/O.KRISHNAN ILAYIDOM, KUZHUPPADICKAL, RESIDING AT IN IDACKATTIL, KARATTUPALLI KARA, PERUMBAVOOR VILLAGE, ERNAKULAM,PIN-683 544. 4. SIVAKUMAR,S/O.KRISHNAN ILAYIDOM, RESIDING AT R.S.PURAM, THUNDAPPALAYAM ROAD, COIMBATORE-13. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== C.R.P. No.505 of 2010 ==================================== Dated this the 28th day of September, 2010 O R D E R Judgment debtors in E.P. No.58 of 2008 in O.S. No.75 of 1997 of the court of learned Additional Munsiff, Perumbavoor are the petitioners before me. There is a final decree for partition passed by the learned Munsiff as per which plot No.1 is to be allotted to the respondents-decree holders while plot No.2 should go to petitioners-judgment debtors. Plot No.3 is the way provided for access to plot Nos.1 and 2. Respondents filed E.A. No.81 of 2009 with a prayer to cut and remove a few coconut trees which according to them stood in plot No.3 and caused obstruction for access to plot No.1. Petitioners objected to the same contending that there are no coconut trees in plot No.3 and coconut trees are standing in plot No.2 which cannot be cut and removed. Learned Munsiff passed order allowing E.A. No.81 of 2009 and deputed the Amin to remove the coconut trees from plot No.3. Learned Munsiff directed that Taluk Surveyor shall identify plot No.3 for the said purpose. Petitioners are aggrieved. Learned counsel asserts that coconut trees are standing in plot No.2. C.R.P. No.505 of 2010 -: 2 :- 2. I find no reason to interfere with the impugned order. Going by the order only those coconut trees standing in plot No.3 are directed to be removed and to allay the apprehension of petitioners executing court has directed Taluk Surveyor to identify plot No.3. It follows that only those coconut trees standing in plot No.3 identified by the Taluk Surveyor will be removed. There is no reason why petitioners should be aggrieved. Civil Revision petition fails. It is dismissed. THOMAS P. JOSEPH, JUDGE. vsv