PRASANNAKUMARI C Vs. C SUDHAKARAN

JUDGEMENT

(1.) The decree-holder in O.S. No. 435 of 2005 on the file of the Munsiff's Court, Punalur, challenges the order dated 22nd July, 2009 in E.A. No. 126 of 2007 in E.P. No. 69 of 2007 as well as the order dated 23rd June, 2010 in E.A. No. 132 of 2009. The suit was filed for declaration of easement of necessity for access of the plaintiff to the plaint schedule property, fixation of eastern and southern boundaries of the plaint schedule property and to demolish the boundary illegally laid by the first defendant on the southern side of the plaint schedule property without the knowledge and consent of the plaintiff. The respondents are the defendants in the suit. The defendants remained ex parte in the suit. The trial court passed a judgment and decree on 17th February, 2006 as prayed for.

(2.) E.P. No. 69 of 2007 was filed by the petitioner to execute the decree. The prayer in the Execution Petition was to appoint a Survey Commission to fix the eastern and southern boundaries of the decree schedule property and to demolish the boundary illegally and wrongfully laid by the first defendant on the southern side of the property. E.A. No. 126 of 2007 was filed by the decree-holder to appoint a Survey Commission to survey and fix the eastern and southern boundaries of the property.

(3.) The court below passed Exhibit P-8 order dated 22nd July 2009 rejecting the prayer for fixation of boundary. E.A. No. 126 of 2007 was also dismissed. E.P. was posted for further steps with respect to reliefs B to E made therein.