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Judgment
Justice V. Chitambaresh
It is distressing to note that the decree holder has not yet reaped the fruits of the decree even after the lapse of about two decades. The decree is essentially one for recovery of possession on the strength of title. The Advocate Commissioner deputed in the suit (Mr. T.P. Sasidharan Nair) had filed Exts.C2 report and C2 (a) plan. The decree was passed accepting Exts. C2 report and C2(a) plan and there is no appeal therefrom. Another Advocate Commissioner (Mr. V.S. Thankappan) was appointed by the execution court. He identified the decree schedule property with reference to Ext.C2 report and C2(a) plan. Ext.A2 (Ext. P7) report and A2 (a) (Ext. P8) plan are the one submitted by the Advocate Commissioner in the execution proceedings. Attempts to set aside the report and plan and for review by the judgment debtor failed and the same is impugned in this Original Petition.
The decree schedule property has been sufficiently identified on the basis of Exts.C2 and A2 (Ext. P7) reports and Exts.C2(a) and A2(a) (Ext. P8) plans. The judgment debtor has an apprehension that there is a likelihood of excess delivery. This apprehension can be allayed by directing Mr. V.S. Thankappan, Advocate to accompany the Amin. He shall seek the assistance of the Taluk Surveyor and Village Officer at the time of effecting delivery. The decree schedule property shall be identified with reference to the boundaries and not with reference to the extent.
The judgment debtor has yet another plea that the decree schedule property has been sold under the Revenue Recovery Act. The judgment debtor contends that the decree has been eclipsed by the revenue sale and is incapable of execution. All these are matters pertaining to execution, discharge and satisfaction of the decree. The judgment debtor is at liberty to urge this contention in appropriate application filed u/s 47 of the Code of Civil Procedure. The court below is directed to afford sufficient police aid to complete the exercise as directed above within a period of three weeks. This judgment will not in any way disable the judgment debtor to have recourse to any remedy permissible under law.
The Original Petition is disposed of as above.