Judgment:
Civil revision petition preferred against the order passed in E.A.No.5 of 2010 in E.P.No.12 of 2005 in OS.No.321 of 1995 on the file of the District Munsif of Avinashi, coimbatore dated 03.09.2010.
G.RAJASURIA, J.
ORDER
1. Animadverting upon the order dated 03.09.2010 passed by the learned District Munsif of Avinashi, Coimbatore in E.A.No.5 of 2010 in E.P.No.12 of 2005 in OS.No.321 of 1995, this civil revision petition is focussed.
2. Synoptically and succinctly, the germane facts absolutely necessary for the disposal of this revision would run thus:
The decree holders being the revision petitioners filed an E.A. in the pending E.P. filed by them, for appointment of an Advocate Commissioner to locate the property concerned, but the said application was dismissed. Being aggrieved by and dissatisfied with the said order, this revision has been filed.
3. Heard both.
4. The learned counsel for the revision petitioners would submit that the petitioners are entitled to get the decree executed, however, because of some interference caused by the judgment debtor, they could not get the decree executed. Hence they prayed for appointment of an Advocate Commissioner to locate the pathway contemplated in the decree and note also as to how others, at the instance of the judgment debtor are interfering. But the trial Court simply dismissed it. However, the learned counsel for the judgment debtor would submit that the pathway contemplated in the decree is still there and that was not sold and nobody is interfering with that and the decree holders are unnecessarily trying to lay claim over some other property other than the property referred to in the decree. The point is very clear.
5. My mind is redolent and reminiscent of the following maxim:
Parum est latam esse sententiam, nisi mandetur executioni It is not enough that judgment has been given, if it is not committed to execution.
6. It is not enough if a jugment is passed, but it should be committed to execution. Accordingly, it is the paramount duty of every Court to see that the decree passed by that Court is implemented. Now the decree holders are expressing some difficulty in getting the decree executed. In such a case, it is for the Court to render all assistance. No doubts there are some allegations and counter allegations as though the judgment debtor sold the pathway to some third parties and they are dumping building materials etc. Be that as it may, the Execution Court has to appoint an Advocate Commissioner with the following mission.
The Advocate Commissioner shall visit the property with the assistance of a Surveyor and locate with reference to the revenue maps and the documents and the decree, the property as found described in the schedule of the decree and note the physical features and whereupon he should submit his report with sketch; Thereupon if objections are filed on either side, the same should be heard and considered and ultimately order has to be passed. Neither of the parties is entitled to bring a new case for the first time in the E.P. Accordingly, this civil revision petition is disposed of. The payment to the Advocate Commissioner should be borne by the petitioners. No costs. Consequently, connected miscellaneous petition is closed.