The limited prayer in this Original Petition is for a direction for expeditious disposal of Ext.P4 which according to the petitioner is the commission application filed by her in execution proceedings.
2. Suffice to say that a settlement has been arrived at and a decree was passed in terms of the compromise. One of the terms of the compromise is that none of the parties will obstruct the way made mention of in the compromise. When two of the parties who have not signed the agreement tried to create obstruction in the pathway, the petitioner took out execution. She also sought for issuance of commission by filing Ext.P4 application to take note of the obstruction caused and various activities relating to the removal of obstruction.
3. In the meanwhile, the persons who are alleged to have obstructed the pathway filed a petition before the O.P.(C). 2650/2014. 2 execution court saying that the decree is not executable for various reasons. The grievance of the petitioner is that the application for issuance of commission is also not being considered and that has caused considerable prejudice and her right of way is affected.
4. Considering the various aspects, and also the relief sought for which is very limited, and in the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
In the result, this Original Petition is allowed and the court below is directed to take up Ext.P4, consider the same on merits and pass appropriate orders thereon as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment.
sb.
P. BHAVADASAN, JUDGE