IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 OP(C).No. 211 of 2011(O) ------------------------------------ OS.NO.556/1999 of MUNSIFF COURT, KOTTARAKKARA .................... PETITIONER/DECREE HOLDER/PLAINTIFF --------------------------------------------------------------- KAUSALYA, D/O. KOCHIKKA, SHOBHANA MANDIRAM, POVATTOOR KIZHAKKU, KALAYAPURAM VILLAGE, KULAKKADA, KOTTARAKKARA, KOLLAM, PIN-691 521. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT(S): JUDGMENT DEBTORS/DEFENDANTS --------------------------------------------------------------------------------- 1. SANTHA, W/O. NALINAKSHAN, AJEESH BHAVAN, POOVATTOOR KIZHAKKU MURI, KALAYAPURAM VILLAGE, KULAKKADA, KOTTARAKKARA, KOLLAM, PIN-691 521. 2. AJESH, S/O. NALINAKSHAN, AJEESH BHAVAN, POOVATTOOR KIZHAKKU MURI, KALAYAPURAM VILLAGE, KULAKKADA, KOTTARAKKARA, KOLLAM, PIN-691 521. 3. ANOOP, S/O. NALINAKSHAN, AJEESH BHAVAN, POOVATTOOR KIZHAKKU MURI, KALAYAPURAM VILLAGE, KULAKKADA, KOTTARAKKARA, KOLLAM, PIN-691 521. 4. ANUPAMA, D/O. NALINAKSHAN, AJEESH BHAVAN, POOVATTOOR KIZHAKKU MURI, KALAYAPURAM VILLAGE, KULAKKADA, KOTTARAKKARA, KOLLAM, PIN-691 521. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.211/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PRELIMINARY JUDGMENT DATED 17/10/2002 IN O.S.NO.556/99 PASSED BY THE MUNSIFF'S COURT, KOTTARAKKARA. P2 COPY OF THE FINAL DECREE IN O.S.NO.556/99 PASSED BY THE MUNSIFF'S COURT, KOTTARAKKARA ON 10/12/2009. P3 COPY OF THE E.P.NO.59/2010 IN O.S.NO.556/99 FILED BEFORE THE MUNSIFF'S COURT KOTTARAKKARA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.211 of 2011 -------------------------------------- Dated this the 3rd day of August, 2011. JUDGMENT Respondents 1 and 2 are served but there is no response. Respondents 3 and 4 are reported to have left India. In view of the decision I propose to take, notice to them is dispensed with. 2. Petitioner is the holder of a final decree for partition in O.S.No.556 of 1999 of the court of learned Munsiff, Kottarakkara. The final decree for partition was passed on 10.12.2009 and following that on 20.08.2010 petitioner filed E.P.No.59 of 2010 for execution of the final decree and to get delivery of the one fifth share allotted to her. Petitioner, it is stated is aged about 81 years and desirous of an early disposal of the execution petition. Hence this petition. 3. Learned counsel submitted that two weeks back respondents attacked petitioner aged about 81 years and consequently she was admitted in the Taluk Head Quarters Hospital, Kottarakkara. The Kottarakkara Police registered Crime No.697 of 2011 in connection with that matter, it is submitted. 4. It is not clear what is the reason for delay in execution of the final decree. Hence it is not possible to give a direction to the learned Munsiff for a time bound disposal of the execution petition. But the plight of petitioner (aged OP(C) No.211/2011 2 about 81 years as submitted by learned counsel) who filed the suit for partition in the year, 1999 and got a final decree on 10.12.2009, still unable to enjoy the fruits of the final decree has to be taken into account by learned Munsiff. Learned Munsiff is therefore directed to expedite proceedings for execution of the decree as provided under law, after completion of preliminary steps. With the above direction, this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks