IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).NO. 17960 OF 2010(O) ---------------------------------------- (E.P.NO.4 OF 2010 IN OS.172/1983 OF MUNSIFF COURT, MUVATTUPUZHA (A.S.NO.44 OF 2009, SUB COURT, MUVATTUPUZHA) .................... PETITIONER(S): ---------------------- 1. JOSE, AGED 74, S/O.AUGUSTHY, PUNCHIKUNNEL HOUSE, ENANALLORE VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 2. MATHEWS, AGED 80, S/O.AUGUSTHY, PUNCHIKUNNEL HOUSE, ENANALLORE VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): -------------------------- 1. ALEYKUTTY, D/O.AUGUSTHY, NARAYANPARAMBIL HOUSE, CHERTHALA VILLAGE, CHERTHALA TALUK. 2. POLACHAN, S/O.PAULOSEKUTTY, ALUNGAL HOUSE, CHENGAL KARA, VADAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. 3. VALSA DAVID, W/O.DAVID, MANAVALAN HOUSE, KUZHOOR P.O., CHALAKKUDY. 4. SOOSAN ANDREWS, W/O.ANDREWS, ARACKAL HOUSE, NEAR ST.SEBASTIAN'S CHURCH, NORTH PARUR, ERNAKULAM DISTRICT. 5. CHRISTEENA WILSON, W/O.WILSON, MUNJELY HOUSE, EDADU, SREEMOOLANAGARAM, KALADY. 6. K.S.JOHN @ JOHNY, S/O.SEBASTIAN, KEREYENTHAN HOUSE, NARAKKAL, NOW WORKING AT NATIONAL INSURANCE CO. LTD., ERNAKULAM. 7. K.S.JOY, S/O.SEBASTIAN, CHULLIKKAL HOUSE, POLLATHAI P.O., MARARIKULAM. 8. SHEENA FRANCIS, W/O.MARTIN, QTR.NO.E-3/2, 7TH CROSS ROAD, WILLINGTON ISLAND, COCHIN-3. 9. CHINNUMARY (MINOR) REPRESENTED BY MOTHER AND GUARDIAN SHEENA FRANCIS, W/O.MARTIN QTR.NO.E-3/2, 7TH CROSS ROAD, WILLINGTON ISLAND, COCHIN-3. 10. EBIN SEBASTIAN (MINOR) REPRESENTED BY MOTHER AND GUARDIAN SHEENA FRANCIS, W/O.MARTIN, QTR.NO.E-3/2, 7TH CROSS ROAD, WILLINGTON ISLAND, COCHIN-3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.17960 of 2010 ==================================== Dated this the 10th day of June, 2010 J U D G M E N T Petitioners are judgment debtors in E.P. No.4 of 2010 in O.S.No.172 of 1983 of the court of learned Munsiff, Muvattupuzha. That is a suit for partition where a final decree has already passed pursuant to which respondents sought execution. Final decree is under challenge at the instance of petitioners in the court of learned Sub Judge, Muvattupuzha in A.S.No.44 of 2009. According to the petitioners property which absolutely belonged to them and which was not included in the preliminary decree was included by the Advocate Commissioner in his report for division which found a place in the final decree also and thereon petitioners filed application under Order IX Rule 97 of the Code of Civil Procedure claiming right over that part of the property. That application was dismissed on 07.06.2010. But so far carbon copy of that order has not been issued to the petitioners. In the meantime petitioners tried their luck with an application for stay in A.S.No.44 of 2009 arising from the final decree. That application for stay (I.A.No.614 of 2010) was also dismissed. It is submitted that in spite of application, copy of order on I.A.No.614 of 2010 also is not issued W.P(C) No.17960 of 2010 -: 2 :- to the petitioners. Learned counsel contends that preliminary decree itself was challenged in appeal but appeal has gone against petitioners. Grievance of petitioners is that even before they are given copy of orders on E.A.No.56 of 2010 of the executing court and I.A. No.614 of 2010 in A.S.No.44 of 2009 of the Sub court, Muvattupuzha delivery is being effected. Learned counsel requests that direction may be issued to the courts concerned to issue copy of the orders and in the meantime delivery of property may be kept in abeyance. 2. Having regard to the circumstances stated I direct learned Munsiff, Muvattupuzha and learned Sub Judge, Muvattupuzha to issue copy of order dated 7.6.2010 on E.A.No.56 of 2010 in O.S.No.172 of 1983 and order dated 26.5.2010 on I.A.No.614 of 2010 in A.S.No.44 of 2010, respectively to the petitioners. It is also directed that delivery proceedings in E.P.No.4 of 2010 to the extent it concerned the property described in E.A. No.56 of 2010 will stand in abeyance for a period ten days from the date notified for delivery of copy of order on E.A.No.56 of 2010 or I.A.No.614 of 2010 whichever is earlier. Writ Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv