(1.) An interesting question as regards the applicability of Order 21, Rule 32(5) arises for consideration in this Original Petition. In the execution of a decree for declaration of title, followed by a prohibitory injunction, whether a Commission can be issued to construct a compound wall, which relief was not, in terms, granted, is the issue involved.
(2.) Having regard to the seriousness and intricacies of the issue involved, this Court appointed Adv.Jacob P.Alex as Amicus Curiae.
(3.) Heard Sri.Naseer Moidu, learned counsel for the petitioner; Sri.E.S.M.Kabeer, learned counsel for the respondents and the learned Amicus.