IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 6012 of 2010(O) ------------------------- AGAINST THE ORDER IN EP 12/08 IN AP.187/1999 of ADDL.DISTRICT COURT (ADHOC)-I, KASARAGOD .................... PETITIONER(S): --------------- 1. SAFIYA, W/O. MUHAMMED KUNHI, THEKKEPURAM HOUSE, IQBAL ROAD, MANIKOTH, CHITHARI VILLAGE, KASARAGOD DISTRICT. 2. ZUHARA, RESIDING AT CHITHARI, MANIKOTH, KASARAGOD. 3. RASIYA, MINOR, D/O. MUHAMMED KUNHI, THEKKEPURAM HOUSE, IQBAL ROAD, MANIKOTH, CHITHARI VILLAGE, KASARAGOD DISTRICT. 4. NAHEEMA, MINOR, -DO- -DO- 5. VALEED, MINOR, -DO- -DO- 6. SARMILA, MINOR, -DO- -DO- 7. HARIS, MINOR, -DO- -DO- THE PETITIONERS 3 TO 7 ARE REPRESENTED BY THEIR MOTHER THE 1ST PETITIONER - SAFIYA, W/O. MUHAMMED KUNHI, THEKKEPURAM HOUSE, IQBAL ROAD, MANIKOTH, CHITHARI VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): --------------- M/S. MAHARASHTRA APEX CORPORATION LTD., UDUPI DISTRICT, MANIPAL, KARNATAKA STATE, REPRESENTED BY ITS GENERAL POWER OF ATTORNEY HOLDER AND BRANCH MANAGER OF KASARAGOD BRANCH. ADV. SRI.S.R.DAYANANDA PRABHU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.6012/2010 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE EXECUTION PETITION NO.12/2008 OF THE ADDL.DISTRICT COURT (ADHOC-I), KASARAGOD EXT.P2 TRUE COPY OF EA NO.189 IN EP 12/2008 OF THE ADDITIONAL DISTRICT COURT (ADHOC-I), KASARAGOD EXT.P3 TRUE COPY OF ORDER IN EA 189 IN EP 12/2008 OF THE ADDITIONAL DISTRICT COURT (ADHOC-I) KASARAGOD //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.6012 of 2010 -------------------------------------- Dated this the 28th day of May, 2010. JUDGMENT Petitioners faced execution proceeding in E.P.N.12 of 2008 in A.P.No.187 of 1999 before learned Additional District Judge (Adhoc)-I, Kasaragod. Respondent obtained an award against the husband of petitioner No.1 and father of petitioner Nos.2 to 6 and others and launched execution. In the meantime husband of petitioner and father of petitioner Nos.2 to 6 expired. Petitioners have a contention that no notice of arbitration proceeding was served on their predecessor-in-interest. They filed objection to execution petition but, beyond the time permitted. Hence to condone the delay petitioners filed E.A.No.189 of 2009. That petition was dismissed by the executing court and objection filed by the petitioners was rejected vide Ext.P3, order. That order is under challenge in this Writ Petition. Learned counsel for petitioners state that there was no willful laches or delay on the part of the petitioners in filing the counter statement on time. I have heard learned counsel for respondent also. 2. Having regard to the facts and circumstances stated by learned counsel and since the counter statement has already been filed I am inclined to allow E.A.No.189 of 2009. WP(C) No.6012/2010 2 Resultantly this Writ Petition is allowed and Ext.P3, order under challenge is set aside. E.A.No.189 of 2009 will stand allowed. Executing court shall consider the objection raised by the petitioners and pass appropriate orders. THOMAS P.JOSEPH, Judge. cks