In CRP No. 294 of 2011, the High Court of Kerala modified an execution order under Order XXI Rule 32 CPC. The court set aside a direction to build a retaining wall as not supported by the decree or evidence, but upheld the direction to refill land.
To: refill property with earth within one month. To: be free of direction to construct retaining wall.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 5TH DAY OF SEPTEMBER 2012/14TH BHADRA 1934
CRP.No. 294 of 2011 ( )
OS.289/2005 of MUNSIFF COURT, KARUNAGAPPALLY
PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
VIDYADHARAN ANILKUMAR, MADATHILVILAIYIL VEEDU, PAVUMBA P.O., KARUNAGAPPALLY, KOLLAM.
BY ADV. SRI.J.OM PRAKASH
RESPONDENT/DECREE HOLDER/PLAINTIFF::
VAMAKSHY, VISWABHAVANAM, PAVUMBA SOUTH, PAVUMBA P.O. KOLLAM.690574
BY ADV. SRI.B.KRISHNA MANI
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
V.CHITAMBARESH,J.
= = = = = = = = = = =
C.R.P No.294 of 2011
= = = = = = = = = = = == = = = = Dated this the 5th day of September, 2012
O R D E R
The suit is one for establishing a right of lateral support on
the basis of easement. The parties settled the dispute and a compromise decree was passed. The parties agreed that earth will not be removed from the property of length 7 metres. It is also discernible from the compromise decree that a wall has already been constructed along the boundary jointly by the parties.
C.R.P No.294 of 2011
2
The impugned order is modified and the Civil Revision Petition is disposed of.
V.CHITAMBARESH. JUDGE
smm
C.R.P No.294 of 2011 3
C.R.P No.294 of 2011 4
2 issues framed by the court
Whether the direction to construct a retaining wall was within the scope of Order XXI Rule 32 CPC.
Whether finding of demolition of wall required pleading or evidence.
1 provisions across 1 enactments
Vidyadharan Anilkumar
Vamakshy
V. Chitambares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
