JALAJA KUMARI Vs. KUMARI THANKOM

JUDGEMENT

(1.) Petitioner is the plaintiff in O.S. No.285 of 2005 of the court of learned Principal Munsiff, Thiruvananthapuram. She sued respondents for fixation of boundary. Respondents made a counter claim for mandatory injunction. Learned counsel states that the suit was dismissed on 25.11.2006 and the counter claim was decreed. Thereafter petitioner filed an application for restoration of suit. While so there was settlement between the parties, evidenced by Ext.P3 pursuant to which a compromise decree was passed on 11.09.2007 (Ext.P5).

(2.) Thereafter respondents are said to have filed execution petition based on the decree dated 25.11.2006 on counter claim. Petitioner objected to the execution relying on the compromise decree dated 11.09.2007. Grievance of the petitioner is that executing court has by order dated 04.11.2010 ordered to fix boundary as per the original plan which according to the learned counsel was not followed in the compromise decree dated 11.09.2007. Petitioner has applied for a carbon copy of the order on 06.11.2010. But she has not so far been issued a copy. In the meantime property is ordered to be delivered on 09.11.2010. Petitioner seeks a direction to the learned Principal Munsiff to issue a carbon copy of order dated 04.11.2010 and in the meantime to keep the further execution proceedings in abeyance. Having regard to the nature of contentions raised before me I am inclined to grant relief to the petitioner.

(3.) Resultantly this petition is disposed of directing learned Principal Munsiff, Thiruvananthapuram to issue a carbon copy of the order dated 04.11.2010 in E.P.No.566 of 2008 in O.S.No.285 of 2005 of that court as early as possible. It is also directed that further proceedings in execution will stand in abeyance until the expiry of five (5) days from the date notified for delivery of carbon copy of the order.