IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 12492 of 2008(K) ---------------------------------------- PETITIONER: -------------------- 1. K.JANAKIKUTTY, D/O.KADUTHINATTIL KAMAKSHI AMMA, PERINTHALMANNA, PATHAKKARA AMSOM. 2. SETHUMADHAVAN, S/O.M.P.DAMODARAN NAIR, KADUTHINATTIL HOUSE, PERINTHALMANNA, PATHAKKARA AMSOM. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ---------------------- 1. PERINTHALMANNA TALUK RURAL HOUSING CO OPERATIVE SOCIETY LTD, REPRESENTED BY ITS SECRETARY, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE SECRETARY, PERINTHALMANNA TALUK RURAL HOUSING COOPERATIVE SOCIETY LTD, PERINTHALMANNA, MALAPPURAM DISTRICT. ADV. SRI.WILSON URMESE FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.12492/2008 APPENDIX PETITIONER'S EXHIBITS:- Ext.P1 True copy of order dated 8-12-2003 of Sub Court, Manjeri in E.P.No.93/1997 in ARC 1788/95-96. Ext.P2 True copy of notice dated 31-1-2008 submitted by petitioners. Ext.P3 True copy of postal acknowledgment card dated 2-2-2008 signed by the second respondent. RESPONDENTS' EXHIBITS:- NIL // TRUE COPY// P.A. to Judge. THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) NO.12492 OF 2008 (K) ----------------------------------------------- Dated this the 26th day of August, 2008 J U D G M E N T It is not in dispute that Ext.P1 order has been issued and the decree is recorded as satisfied. The learned counsel for the first respondent states that the said order is erroneous, in as much as, as a matter of fact, the decree has not been appropriately executed in full. However, there is no room for a fresh action, owing to the finality of Ext.P1. Hence, without prejudice to the right of the first respondent, this writ petition is ordered granting relief No.(i) without prejudice to the first respondent seeking appropriate reliefs, including as against the property covered by the mortgage, in accordance with law. Let the needful be done within an outer limit of three months from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/27/8 // True copy // P.A.to Judge.