IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 23237 of 2010(O) -------------------------- AS.14/2007 of ADDL.SUB COURT,IRINJALAKUDA EP NO.671/2009 IN OS.388/2009 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER(S): --------------- SASIDHARAN, S/O.PERINGOTHRA APPU, ALA DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLUR THALUK, THRISSUR DISTRICT. BY ADV. SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): --------------- 1. DEVADAS, S/O.PERINGOTHRA VIJAYAN, ALA DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLUR THALUK, THRISSUR DISTRICT. 2. SADASIVAN, S/O.PERINGOTHRA APPU, ALA DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLUR THALUK, THRISSUR DISTRICT. 3. JAYARATNAM, S/O.PERINGOTHRA APPU, ALA DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLUR THALUK, THRISSUR DISTRICT. 4. RAGHULAL, S/O.PERINGOTHRA APPU, ALA DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLUR THALUK, THRISSUR DISTRICT. 5. VANAJA, D/O.PERINGOTHRA APPU, W/O.VELAPARAMBIL GOVINDAN, VALLIVATTOM VILLAGE, MUKUNDAPURAM THALUK, THRISSUR DISTRICT. 6. REMA, D/O.PERINGOTHRA APPU, W/O KATTIPARAMBIL PRASAD,MUTHAKUNNAM VILLAGE, N.PARAVUR THALUK, ERNAKULAM DITRICT 683 516. 7. P.A.USHA, W/O.C.G.SETHUMADHAVAN, M.M.ROAD, 42/253 KOCHI, KANAYANNUR THALUK, ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.23237 of 2010 -------------------------------------- Dated this the 26th day of July, 2010. JUDGMENT Respondent No.3 in A.S.No.14 of 2007 of the court of learned Sub Judge, Irinjalakkuda is the writ petitioner. Respondent No.1 filed that appeal challenging final decree for partition in O.S.No.388 of 1999 of the court of learned Munsiff, Kodungallur. That is a suit filed by respondent Nos.2 and 3. Grievance of petitioner is that he did not get notice from A.S.No.14 of 2007 and learnt about it only when he got notice in the execution petition filed in the court of learned Munsiff on 23.10.2009. On enquiry he learnt that a compromise petition (Ext.P4) was filed in A.S.No.14 of 2007 between respondent Nos.1 and 2 without making petitioner or other respondents party to the said application and based on that a compromise petition a decree was passed in A.S.No.14 of 2007. That decree is now sought to be executed in E.P.No.671 of 2009. On 27.10.2009 petitioner filed Ext.P5, application to set aside decree in A.S.No.14 of 2007 and Ext.P6, application to condone the delay of 53 days in filing that application. In the meantime executing court has ordered delivery of property and petitioner is going to be evicted from the building where he is residing. Prayer in this petition is to direct learned Sub Judge to consider Exts.P5 and P6, applications at the earliest and in the meantime to keep delivery proceedings in E.P.No.671 of 2009 in abeyance. Learned counsel contends that petitioner was not a party in the WP(C) No.23237/2010 2 compromise petition which resulted in compromise decree in A.S.No.14 of 2007. It is submitted by learned counsel that Exts.P5 and P6, applications are posted this day for ordering substituted service by paper publication. 2. Having regard to the facts and circumstances brought out I am inclined to direct learned Sub Judge, Irinjalakkuda to dispose of Exts.P5 and P6, applications at the earliest on preliminary steps on those applications being completed. If in the meantime the property is delivered as apprehended by the petitioner, it will cause injury and loss to him. Hence I am inclined to direct the delivery of property to be kept in abeyance for sometime. Resultantly this Writ Petition is allowed in the following lines: i. Learned Sub Judge, Irinjalakkuda is directed to dispose of Exts.P5 and P6, applications as early as possible on preliminary steps on the said applications being completed. ii. Delivery of property in E.P.No.671 of 2009 in O.S.No.388 of 1999 of the court of learned Munsiff, Kodungallur shall stand in abeyance for a period of one month from this day. THOMAS P.JOSEPH, Judge. cks