IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 OP(C).NO. 3618 OF 2011(O) ---------------------------------------- EA.84/2011 IN E.P. NO.63 OF 2005 IN O.S. No.1 OF 1998 OF SUB COURT,KOCHI .................... PETITIONER: -------------------- K.B.SAYED, AGED 58 YEARS, S/O.BAVA R/A.CC NO.3/301,VALAPPU, ERAVELI CANAL ROAD, KOCHI-1 BY ADV. SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. RESPONDENT(S): ------------------------ 1. T.K.RAHMATH, AGED ABOUT 54 YEARS, D/O.LATE ZAINUDHEEN ,R/A.CC.NO.23/2121 NIDHEESH BHAVAN, PALLURUTHY, KOCHI-6 2. T.K.KAMARUDHEEN, AGED ABOUT 42 YEARS, D/O.LATE ZAINUDHEEN ,R/A.CC.NO.23/2121 NIDHEESH BHAVAN, PALLURUTHY, KOCHI-6 3. T.K.SHARMILA, AGE ABOUT 40 YEARS, D/O.LATE ZAINUDHEEN ,R/A.CC.NO.23/2121 NIDHEESH BHAVAN, PALLURUTHY, KOCHI-6 4. PATHUMAY C.FATHIMA, AGED ABOUT 80 YRS, W/O.LATE ALI, R/A.CCNO.20/791, VELYATHU APRAMBU, PALLURUTHY,KOCHI-6 5. KUNJAMINA AGED ABOUT 53 YEARS, D/O.LATE BEERANKUTTY, R/A.CC.NO.3/249,ERAVEL CANAL ROAD, KOCHI 6. FATHIMA @ BEEVI, AGED 54 YEARS, W/O.LATE ABDULLAKUTTY, TAYKKAKAVU HOUSE, BHAGAVATHY, SINGH ROAD, VYTTILA P.O., KOCHI-19 7. SUDHEER, S/O.FATHIMA @ BEEVI, TAYKKAKAVU HOUSE, BHAGAVATHI, SINGH ROAD, VYTTILA P.O., KOCHI-19 8. SUNITHA,D/O.RATHIMA @ BEEVI TAYKKAKAVU HOUSE, BHAGAVATHI, SINGH ROAD, VYTTILA P.O., KOCHI-19 9. ANITHA,D/O. .FATHIMA @ BEEVI, TAYKKAKAVU HOUSE,BHAGAVATHI, SINGH ROAD, VYTTILA P.O., KOCHI-19 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3618 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXT.P1:- TRUE COPY OF EP NO.63/2005 IN OS NO.1/1998 PENDING BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI. EXT.P2:- TRUE COPY OF THE PRELIMINARY JUDGEMENT DATED 12/10/2000, IN OS NO.1/1998 OF THE SUBORDINATE JUDGE'S COURT,KOCHI EXT.P3:- TRUE COPY OF THE FINAL JUDGMENT DATED 4/12/2003 IN IA 1371/2002 IN OS NO.1/1998 OF THE SUBORDINATE JUDGE'S COURT,KOCHI EXT.P4:- TRUE COPY OF DECREE DATED 4/12/2003 IN IA 1321/2002 IN OS.NO.1/1998 OF THE SUBORDINATE JUDGE'S COURT, KOCHI. EXT.P5:- TRUE COPY OF APPLICATION FOR POLICE ASSISTANCE DATED 4/12/2008 IN EP.NO.63 OF 2005 OF THE SUBORDINATE JUDGE'S COURT,KOCHI. EXT.P6:- TRUE COPY OF EA 84/2011 IN EP.NO.63 OF 2005 IN OS NO.1/1998 OF SUBORDINATE JUDGE'S COURT, KOCHI. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3618 of 2011 -------------------------------------- Dated this the 08th day of November, 2011. JUDGMENT This petition is filed by the 7th judgment debtor in E.P.No.63 of 2005 in O.S.No.1 of 1998 of the court of learned Sub Judge, Kochi. Respondents 1 to 3 sought execution of the final decree for partition. According to the petitioner, he, along with others was impleaded in the suit being tenants of the building in question. In E.P.No.63 of 2005, petitioner filed E.A.No.84 of 2011 (Ext.P6) to effect only symbolic delivery since petitioner claimed to be a building tenant and he could be evicted only under due process of law. That application was dismissed by order dated 03.11.2011. It is stated that petitioner applied for a copy of the order but the same has not so far been issued. In the meantime the execution petition is posted on 08.11.2011 for delivery. Petitioner apprehends that before he gets a copy of the order he may be physically evicted from the building in question. 2. I have gone through Ext.P2, judgment. In paragraph 6, it is stated that the tenants in the suit property were impleaded in the suit as defendants 7 to 19 (petitioner being the 7th defendant). 3. In view of the contentions raised I am inclined to direct learned Sub Judge to issue a copy of order dated 03.11.2011. In the meantime, physical O.P(C) No.3618 of 2011 2 delivery of the building occupied by petitioner shall stand in abeyance. Resultantly this Original Petition is disposed of as follows: i. Learned Sub Judge, Kochi is directed to issue a copy of order dated 03.11.2011 on E.A.No.84 of 2011 in E.P.No.63 of 2005 in O.S.No.1 of 1998, if applied for, on usual terms as early as possible, at any rate within a week from the date of receipt of a copy of this judgment. ii. It is directed that physical delivery of the building in the occupation of petitioner, pursuant to the final decree in O.S.No.1 of 1998 will stand in abeyance till the expiry of five (5) days from the date on which a copy of the order is notified to be delivered to the petitioner. THOMAS P.JOSEPH, Judge. cks