IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 OP(C).No. 4034 of 2011(O) ------------------------- CMA NO.42/2009 OF DISTRICT COURT, PATHANAMTHITTA EP NO.5/2007 IN OS NO.482/2002 OF MUNSIFF COURT, ADOOR PETITIONER (S): -------------------- SYAMKUMAR, AGED 25 YEARS, S/O.SIVARAMA PILLAI, RESIDING AT SANTHI BHAVAN, ICKADU MURI, KODUMON VILLAGE. BY ADV. SRI. K.SHAJ RESPONDENT(S): --------------- 1. SANJAYAKUMAR, AGED AROUND 47 YEARS, RESIDING AT SANJAYA BHAVAN, ICKADU MURI, KODUMON VILLAGE 689645. 2. SARASAMMA, AGED AROUND 42 YEARS, RESIDING -DO- -DO- 3. RAMANI S.PILLAI, AGED AROUND 53 YEARS, W/O. SIVARAMA PILLAI, RESIDING AT SANTHI BHAVAN, ICKADU MURI, KODUMON VILLAGE 689645. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C0NO.4034/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRTUE COPY OF IA NO.1145/2008 IN OS NO.482/2002 DATED 6.08.2008 BEFORE THE MUNSIFF COURT ADOOR FILED BY THE PETITIONER EXT.P2 TRUE COPY OF THE IA NO.1146/2011 IN OS NO.482/2002 DATED 6.08.2008 BEFORE THE MUNSIFF COURT ADOOR FILED BY THE PETITIONER EXT.P3 TRUE COPY OF EA IN EP NO.5/2007 IN OS NO.482/2002 DATED 6.08.2008 BEFORE THE MUNSIFF COURT ADOOR FILED BY THE PETITIONER EXT.P4 TRUE COPY OF THE ORDER DATED 14.7.2009 ON IA NO.1146/2008 IN OS NO.482/2002 PASSED BY THE MUNSIFF COURT, ADOOR EXT.P5 TRUE COPY OF ORDER DATED 14.7.2009 IN IS NO.1145/2008 IN OS 82/2002 PASSED BY THE MUNSIFF COURT, ADOOR EXT.P6 TRUE COPY OF THE CMA NO.42/2009 DATED 24.8.2009 BEFORE THE DISTRICT COURT, PATHANAMTHITTA //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4034 of 2011 -------------------------------------- Dated this the 9th day of December, 2011. JUDGMENT Petitioner and others suffered an exparte decree in O.S.No.482 of 2002 of the court of learned Munsiff, Adoor filed by respondents 1 and 2. The suit was for declaration of title, fixation of boundary, recovery of damages and injunction. Petitioner filed Exts.P1 and P2, applications to set aside the exparte decree and condone the delay. Those applications were dismissed against which petitioner has filed C.M.A.No.42 of 2009 which is pending in the court of learned Additional District Judge, Pathanamthitta. It is submitted that respondents have applied for execution of the decree. Since after the retirement of the learned Additional District Judge, a new officer has not been appointed, petitioner could not move the application for stay in the C.M.Appeal. It is submitted by the learned counsel that execution petition is posted on 12.12.2011 for delivery of the property. It is prayed that until the application for stay in C.M.A.No.42 of 2009 is disposed of, the delivery proceedings may be kept in abeyance. 2. If there was no sitting in the court of learned Additional District Judge it was possible for petitioner to move the learned District Judge under Section 24 of the Code of Civil Procedure rather than rushing to this Court with OP(C)No.4034/2011 2 petition under Article 227 of the Constitution of India. However to enable petitioner move such application I am inclined to grant some relief to the petitioner. Resultantly this Original Petition is disposed of as follows: i. It is directed that execution of the decree to the extent it concerned fixation of boundary and delivery of property will stand in abeyance for a period of ten days from this day. ii. In the meantime, it is open to the petitioner to move the learned District Judge, Pathanamthitta and seek appropriate relief. iii. Petitioner is also directed not to do any act affecting the present condition of the decree schedule property. THOMAS P.JOSEPH, Judge. cks