IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 29281 of 2008(J) -------------------------- OS.629/2006 of MUNSIFF COURT IV, ERNAKULAM .................... PETITIONER(S): --------------- 1. REMANI RAJAN, AGED 60 YEARS W/O.LATE RAJAN, PEEDIKAPARAMBIL HOUSE POOTHOTTA PO., PIN-682 307. 2. SREEJA, 23 YEARS, D/O.RAJAN, PEEDIKAPARAMBIL,DO.DO. 3. SREEJITH, 20 YEARS, S/O.RAJAN, -DO- -DO- BY ADV. SRI.B.RAJEEV KOYIKKAL RESPONDENT(S): --------------- 1. VIJAYAMMA SADANANADAN, 56 YEARS W/O.SADANANDAN, SREEMANGALATH, KIDANGOOR PO., ANGAMALLY, PIN-683591. 2. SUNANDA SREEDHARAN, 62 YEARS W/O.SREEDHARAN. SRICHITHIRA, SOUTH GATE PO., VAIKOM, PIN-686142. 3. CHANDRAHASAN, 68 YEARS S/O.PADMANABHAN, PEEDIKAPATAMBIL HOUSE, POOTHOTTA PO., PIN-682 307. 4. OMANA SARASAN, 56 YEARS, W/O.SARASAN, PONGATTIL VEEDU, NADAKAVU, UDAYAMPEROOR PO., 682307. 5. P.G.GOPALAN, 71 YEARS S/O.PADMANABHAN, SOUPARNIKA, PUNNAKAVELI, POOTHOTTA PO.,-682 307. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.29821 of 2008 J -------------------------------------- Dated this the 21st day of October, 2008. JUDGMENT Heard. 2. Petitioners are defendants in O.S.No.629 of 2006 on the file of the Munsiff's Court – IV, Ernakulam. Respondents/plaintiffs filed suit for mandatory injunction for demolition of the disputed compound wall and for prohibitory injunction. Case came up for trial in the list on 9.10.2007 when the counsel for petitioners requested further time. That request was rejected and judgment and decree followed on 10.10.2007. It is submitted that petitioners filed I.A.No.8175 of 2007 for review of the judgment and decree and that application is pending. While so, based on the decree dated 10.10.2007 respondents started execution and an advocate commissioner was appointed. Counsel for petitioners submits that in the meantime, petitioners filed I.A.No.7023 of 2008 in the Munsiff's Court –IV, Ernakulam for stay of the execution proceedings but since no officer is posted in that court, I.A.Nos.8175 of 2007 and 7023 of 2008 could not be taken up. The prayer in this Writ Petition is to stay further proceedings on Ext.P2, Execution Petition No.149 of 2008. 3. Petitioners have already filed application for staying the execution of decree. Difficulty expressed by learned counsel for petitioners is that since no officer has taken charge in the Munsiff's Court-IV, Ernakulam, the WP(C) No.29281/2008 2 applications already filed could not be taken up and appropriate orders obtained. If that be so, petitioners could very well request the learned District Judge for withdrawal or transfer of the applications to another court for disposal. There is no reason why this Court should exercise power under Article 227 of the Constitution and stay further proceedings in execution petition. However, since counsel for petitioners submitted that the execution petition stands posted on 25.10.2008, I direct that the demolition of the compound wall shall not be carried out for a period of ten days from this day. In the meantime, it will be open to the petitioners to take appropriate steps to get the applications they claimed to have filed, heard and disposed of or other appropriate direction obtained from the court concerned. With the above observation the Writ Petition is closed. THOMAS P.JOSEPH, JUDGE. cks