Kerala High Court
Veliyancheri Lalu vs Mandayapurath Ahammed Mooppan on 24 October, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
OP(C) NO. 1986 OF 2025 : 1 :
2025:KER:79404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
OP(C) NO. 1986 OF 2025
AGAINST THE ORDER DATED 09.07.2025 IN EA NO.472/2024 IN
EP NO.47 OF 2022 OF PRINCIPAL MUNSIFF COURT ,KOZHIKODE-II
PETITIONERS/JUDGMENT DEBTOR 2/2ND DEFENDANT:
1 VELIYANCHERI LALU, AGED 59 YEARS
S/O SANTHAKUMARI KASABA P.O.
KOZHIKODE., PIN - 673002
2 VELIYANCHERI SHAJU., AGED 50 YEARS
S/O. SANTHAKUMAR, KASABA P.O.
KOZHIKODE., PIN - 673002
3 VELIYANCHERI SHANOJ., AGED 42 YEARS
S/O. SANTHAKUMARI. KASABA P.O.
KOZHIKODE., PIN - 673002
4 VELIYANCHERI JEEJA., AGED 55 YEARS
D/O. SANTHAKUMARI KASABA P.O.
KOZHIKODE., PIN - 673002
5 VELIYANCHERI SHEEBA., AGED 47 YEARS
D/O. SANTHAKUMARI KASABA P.O.
KOZHIKODE., PIN - 673002
BY ADVS.
SRI.RAJU K.MATHEWS
SHRI.JOSEPH RAJU MATHEWS
OP(C) NO. 1986 OF 2025 : 2 :
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RESPONDENTS/DECREE HOLDER 1/1ST PLAINTIFF:
1 MANDAYAPURATH AHAMMED MOOPPAN.
AGED 67 YEARS
S/O. BAVUNNI MOOPPAN, KALPAKANCHRERI P.O.
MALAPURAM., PIN - 676551
2 A. P. HIND, AGED 56 YEARS
D/O. ANAKKAPPARAMBIL ABDUL HAMEED HAJI,
KALPAKANCHERI P.O.
MALAPPURAM DISTRICT., PIN - 676551
3 VELIYANCHERIL SANTHOSH.
AGED 53 YEARS
S/O. SANTHAKUMARI, KASABA P.O.
KOZHIKODE., PIN - 673002
BY ADVS.
SRI.P.A.ABDUL JABBAR
SRI.MUHAMMED SHAFFI
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
24.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1986 OF 2025 : 3 :
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JUDGMENT
This original petition is filed by the
petitioners/ judgment debtors against Ext.P7 order
passed by the Munsiff Court-II, Kozhikode in
E.A.No.472/2024 in E.P.No.47/2022 in
O.S.No.163/2007. The execution application was
filed by the respondents 1 and 2/ decree holders to
demolish part of the compound wall constructed by
the petitioners herein on the eastern side of the
petition A schedule property and to pave slab across
the drainage. The learned Munsiff, by Ext.P7 order,
allowed the application with the following directions:
"In the result, the petition is
allowed as follows:
1. Amin is deputed for the restoration
of the pathway by demolishing the
sufficient portion of the constructed
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compound wall and the laying of
sufficient concrete slabs across the
drainage for the purpose of the passage
of vehicles except heavy vehicles
through C schedule property to plaint A
and B schedule properties.
2. Advocate commissioner K Sandeep
Krishnan is appointed to supervise the
execution of the order. The petitioner
shall pay batta of Rs.5000/- to the
commissioner.
3. Commissioner shall supervise the
work done and shall file report
regarding the details of the work done.
4. Commissioner shall report the costs
of the work done in the report.
5. Commissioner shall file rough sketch
showing the status of the property with
the measurements of the C schedule
pathway.
6. Commissioner shall report the
matters which seems to be relevant for
the disposal of the petition."
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2. It is contended by the petitioners that
Ext.P7 order does not specify the extent to which the
passage should be opened.
3. Heard Sri.Raju K.Mathews, the learned
counsel for the petitioners and Sri.P.A.Abdul Jabbar,
learned counsel for respondents 1 and 2. Since the
3rd respondent, one of the judgment debtors is not
available in station, notice to the 3 rd respondent is
dispensed with as agreed between the parties.
4. There will be a direction to the Advocate
Commissioner, appointed by the execution court, to
ascertain and report the sufficient extent to which
the passage should be opened for the purpose of
passage of vehicles except heavy vehicles through C
schedule property to plaint A and B schedule
properties. The report shall be submitted by the
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Advocate Commissioner within a period of one week
from today. Based on the report of the Advocate
Commissioner, the learned Munsiff shall pass
consequential orders, within one week thereafter.
Till such time, there shall not be any restoration and
demolition of slabs as per the impugned order.
The original petition is disposed of with the
above directions.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
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APPENDIX
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DECREE DATED 24.11.2009
IN O. S. NO. 163 OF 2007 OF THE MUNSIFF
COURT KOZHIKODE.
Exhibit P2 A TRUE COPY OF THE DECREE DATED 13.03.2014
IN A. S. NO. 274 OF 2009 OF THE DISTRICT
COURT KOZHIKODE.
Exhibit P3 A TRUE COPY OF EXECUTION PETITION NO. 47 OF
2022 IN O. S. NO. 163 OF 2007 OF THE MUNSIFF
COURT KOZHIKODE.
Exhibit
A TRUE TRANSLATION OF EXHIBIT P3.
P3(a)
Exhibit P4. A TRUE COPY OF THE ORDER DATED 14.07.2023 IN
E. P. NO. 47 OF 2022 IN O. S. NO. 163 OF
2007 OF THE MUNSIFF COURT KOZHIKODE.
Exhibit P5. A TRUE COPY OF EA 472 OF 2024 IN EP 47 OF
2022 OF THE MUNSIFF COURT KOZHIKODE.
Exhibit
A TRUE TRANSLATION OF EXT P5.
P5(a).
Exhibit P6. A TRUE COPY OF THE OBJECTION TO EXT P5.
Exhibit
A TRUE TRANSLATION OF EXT P6.
6(a).
Exhibit P7. A TRUE COPY OF THE ORDER DATED 09.07.2025 IN
EA 472 OF 2025.
