MEENAKSHI SUNDARAM Vs. SEEMAICHAMY AND ORS.

JUDGEMENT

(1.) Introduction:

(2.) The learned Executing Judge dismissed the Execution Petition for mandatory injunction on the ground that exact measurements regarding encroachment were not shown in the decree. The order dated 02 December, 2011 in E.P. No. 12 of 2008 is under challenge in this Civil Revision Petition.

(3.) The learned counsel for the petitioner contended that the judgment in O.S. No. 36 of 2006 and the report filed by the Advocate Commissioner would show the extent of encroachment and as such, the learned Executing Judge should have executed the decree. According to the learned counsel, it is open to the Executing Court to execute the decree, taking into account the judgment, notwithstanding the fact that the decree was not drawn in accordance with the judgment.