THODUPUZHA TALUK CO Vs. ANCY AND OTHERS

JUDGEMENT

(1.) Aggrieved by the order dated 5.1.2015 in E.P.No.3 of 2014 in O.S.No.318 of 2000 of the Munsiff's Court, Thodupuzha, the judgment debtor came up with this Revision.

(2.) The impugned order was passed by the Execution Court directing the judgment debtor to install close-circuit cameras in order to have a surveillance on the disputed way and to ascertain whether the judgment debtor has violated the order of injunction by parking vehicles in the decree schedule way for the purpose of loading and unloading goods. The Execution Petition was filed on the allegation that there is violation of the decree by the judgment debtor by parking vehicles in the decree schedule property for the purpose of loading and unloading goods. The Commissioner who visited the property had reported about parking of one lorry and loading of rubber scrap. Though an objection was filed to the Commissioner's report, prima facie, it appears that the report submitted by the Commissioner is acceptable. As such, it was accepted by the lower court. Directions were issued by the lower court to the judgment debtor for installation of CC cameras in order to have a surveillance over the property and to detect violation of the decree, if any, by the judgment debtor. The said order is under challenge in this Revision.

(3.) The order passed by the Execution Court is for the purpose of keeping the decree schedule property under the surveillance so as to find out whether there is any violation of the decree passed. In effect, it is one of the methods of implementation of the decree passed. From the nature and character of the decree passed and the matters to be implemented, installation of CC cameras is really a must and there cannot be any interference on the directions issued by the Execution Court. But, there is a further direction to the effect that the costs of installation of CC Cameras and its maintenance should be borne by the judgment debtor. The duty of the Execution Court is to execute the decree as it stands. It should be within the four corners of the decree. In order to implement the decree as such, the Court has ample power to suggest alternative methods. Installation of CC Cameras being an alternative method in order to safeguard the interests of the decree holders as per the decree is permissible and nothing is there to interfere with the said order except the costs of installation.