IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 34066 of 2009(C) -------------------------- RCP.31/2008 of VI ADDL.DISTRICT COURT, ERNAKULAM RCP.31/2008 of PRL.M.C., KOCHI .................... PETITIONER(S): --------------- GENERAL TRADERS, 8/2009, PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER TARAK V.PAREKH, AGED 43, S/O.V.R.PAREKH, BUSINESS, RESIDING AT 8/2262, LALAN ROAD, COCHIN-682 002. BY ADV. SRI.G.KRISHNAKUMAR SRI.M.MANOJ KUMAR MALLIA SRI.P.H.SHAJI (THRIKKAKARA) RESPONDENT(S): --------------- M.P.JACOB, S/O.LATE DR.POULOSE, AGED 81, RTD.ENGINEER, RESIDING AT 5A, WELMOUNT PARK PALLIKUKKU, ERNAKULAM VILLAGE, COCHIN-682 016 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2009 , THE COURT ON 25/11/2009 DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ W.P(C) NO:34066 OF 2009 ----------------------------------------------------------------------------------- Dated this the 25th November, 2009. JUDGMENT PIUS C.KURIAKOSE, J. The tenant is the petitioner in this petition under Article 227 of the Constitution of India. We notice an element of genuineness in the grievance voiced. The grievance is that even as Ext.P2 appeal preferred against Ext.P1 order of eviction is pending before the Appellate Authority, the Execution Court has ordered delivery of the petition schedule building. The argument of the learned counsel for the petitioner Mr. Krishnakumar is that if delivery is permitted to be effected, Ext.P2 will become infructuous. According to the counsel, the interim orders could not be obtained in the appeal since the landlord had lodged a caveat. We do not propose to examine t0he merits of the various grounds raised. We feel that the limited reliefs can be given to the revision petitioner even without notice to the respondent/landlord. 2. We dispose of the writ petition directing the Execution Court not to effect delivery of the petition schedule building for a WPC 34066/2009 2 period of three weeks from today. Hand over PIUS C.KURIAKOSE Judge K. SURENDRA MOHAN Judge css/ PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. --------------------------------------- L.A.A.NO: --------------------------------------- JUDGMENT Dated: