IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 16833 of 2008(D) -------------------------- AGAINST THE ORDER DATED 05/04/2002 IN OS 95/01 & OS.96/2001 of SUB COURT,THODUPUZHA .................... PETITIONER: ------------ ROBIN ABRAHAM, S/O N.A. ABRAHAM, AGED 56 YEARS, RESIDING AT NANDIKKATTU KANDATHI, MEENACHIL PALA. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENTS: ------------- JOSSY ABRAHAM, NANDIKKATTUKANDATHI, ERUMELE KARA, ERUMELY. BY ADV. SRI.CHITTOOR RAJAMANNAR FOR R1 SRI.DILEEP CHITTOOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.16833 OF 2008 Ext.P1 DATED 5.4.2002, TRUE COPY OF THE COMMON JUDGMENT IN O.S.NOS.95 & 96 OF 2001, SUB COURT, THODUPUZHA. EXT.P2 DATED 4.8.2003, TRUE COPY OF THE COMMON JUDGMENT IN A.S.465/2002 AND A.S.NO.457/2002 OF THIS HON'BLE HIGH COURT. EXT.P3 DATED 7.3.2003, TRUE COPY OF THE EXECUTION PETITION, E.P.31/2003, IN O.S.NO.95/2001, SUB COURT, THODUPUZHA. EXT.P4 DATED 6.12.2003, TRUE C OPY OF THE ORDER IN E.P.NO.31/2003 IN O.S.NO.95/2001. EXT.P5 DATED 1.3.2005, TRUE COPY OF THE ORDER IN E.A.NO.24/2004 IN E.P.NO.31/2003 IN O.S.NO.95/2001. EXT.P6 DATED 28.3.2005, TRUE COPY OF THE ORDER IN E.P.NO.31/2003 IN O.S.NO.95/2001, SUB COURT, THODUPUZHA. //TRUE COPY// P.A. TO JUDGE. M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.16833 of 2008 ------------------------------- Dated this the 27th June, 2008. J U D G M E N T Petitioner is the decree holder in O.S.No.95/2001, on the file of the Sub Court, Thodupuzha. E.P.No.31/2003 was filed for execution of the decree. This petition is filed under Article 227 of the Constitution of India for a direction to the Sub Judge to dispose the execution petition in respect of the balance portion of the decree, which remains to be executed. 2. The learned senior counsel appearing for petitioner was heard. 3. The learned senior counsel for the petitioner submitted that the decree provides for transfer of the bar licence, and that portion of the decree was satisfied by Ext.P4 order passed by the Executing Court on 6.12.2003. The senior counsel further submitted that decree for possession was also satisfied under Ext.P6 order dated, 28.3.2005, whereunder handing over of possession by the receiver on 7.3.2005 was recorded. He further submitted that what W.P.(C) No. 2 remains is only transfer of title as provided in the decree, which has become final by the decision of the Supreme Court. 4. A report was called for from the Sub Judge. The learned Sub Judge reported that there are 18 applications pending in the execution petition, and, therefore, time was sought to dispose the execution petition. The learned senior counsel submitted that petitions pending are all filed in an attempt to protract the execution petition, and, it is possible to dispose the applications without delay. 5. Considering the fact that the decree was confirmed by the Apex Court and Execution petition itself is pending from 2003, learned Sub Judge is directed to dispose the execution petition, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.