IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 11054 of 2008(N) -------------------------- OS.134/1957 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------ ABUBACKER KUNJU MUHAMMADALI, PUTHEN VEEDU, CHIRAYINKEEZHU CHIRAYINKEEZHU P.O, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENT: ------------- SHAMSUDEEN POWER OF ATTORNEY HOLDER OF ALIARKUNJU HASHIM, ALSEFA, PULIKKAKONAM MANIKKAL VILLAGE, VEMBAYAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 11054 OF 2008 =========================== Dated this the 1st day of April, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India to quash Ext.P7 order passed by the executing court appointing a Commissioner to identify the decree schedule property which was taken delivery by the petitioner and the property claimed by petitioner in E.A.1586/07. The case of the said petitioner was that instead of the decree schedule property, his property was taken delivery of. It is to ascertain that fact executing court under Ext.P7 order allowed the application to appoint a Commission and directed the Commissioner to prepare a plan after demarcating the decree schedule property as well as the property claimed by claim petitioner. In such circumstance, I do not find any illegality or irregularity warranting interference in exercise of the extra ordinary jurisdiction of this court under Article 227 of W.P.(C)11054/08 2 Constitution of India. Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006