SARALA MELATHIL VEEDU Vs. SATHY SATHYABHAMA

JUDGEMENT

(1.) WIFE of decree holder No.1 of the counter claim in O.S.No.36 of 2007 is the petitioner before me. Her deceased husband along with her son (decree holder No.2) raised a counter claim in the suit filed by respondent No.1. The suit as well as counter claim were decreed. As per the decree in the counter claim, title and possession of the deceased husband of petitioner and her son over 'CDEF' plot in Ext.C1, plan was declared and respondent No.1 was restrained from encroaching into that property. Respondent No.1 was also given a decree whereby he was permitted to strengthen the southern boundary of her property and the deceased husband of petitioner and their son were restrained from causing obstruction to that. Respondents filed E.P.No.65 of 2010 for strengthening the boundary wall. According to the petitioner, respondents trespassed into a portion of counter claim schedule property ('CDEF' in Ext.C1, plan) and constructed compound wall. Petitioner and decree holder No.2 filed E.P.No.6 of 2003 and in that proceeding an Advocate Commissioner was appointed to ascertain the encroached area. Commissioner filed report on 21-11-2005, according to petitioner showing the encroached area. Respondents filed E.A.No.212 of 2005 to set aside the report and plan. Except examining the Village Officer, nothing else has transpired on that application. Proceedings are being adjourned. In the meantime respondents are trying to alienate the property including the trespassed area. Hence this original petition seeking a direction to the executing court to expedite proceeding in E.P.No.6 of 2003 and in the meantime to restrain respondents from alienating the disputed property. So far as direction regarding alienation of property is concerned petitioner can move appropriate application to that effect in the executing court. Having regard to the facts and circumstances of the case, executing court is directed to dispose of the proceedings before it as early as possible. This petition is disposed of as above.