IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22690 of 2010(O) -------------------------- OS.848/1994 of MUNSIFF COURT,NEYYATTINKARA (E.A.NO.642/2010 of MUNSIFF COURT,NEYYATTINKARA) .................... PETITIONER(S): --------------- VIJAYAN PAIKARAVILA PUTHEN VEEDU, ARAYOOR DESOM,CHENGAL VILLAGE, NEYYATTINKARA TALUK, REP.BY HIS NEXT FRIEND WIFE NALINI, AGED 46 YEARS, RESIDING IN DO.DO BY ADV. SRI.P.KESAVAN NAIR RESPONDENT(S): --------------- 1. JANARDHANAN @ JACOB, KAITHAPARAMBU VEEDU, CHENGAL VILLAGE, NEYYATTINKARA TALUK, PIN -696121. 2. SUKUMARAN, POTTAKKARIKKAKATHU PUTHEN VEEDU, CHEVALLOOR, ARAYOOR DSOM,CHENGAL VILLAGE, NEYYATTINKARA TALUK , PIN - 696121. 3. SANTHA RESIDING AT POTTAKKARIKKAKATHU PUTHEN VEEDU, CHEVALLOOR, ARAYOOR DESOM, CHENGAL VILLAGE,NEYYATTINKARA TALUK, PIN 696 121. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.22690 of 2010 -------------------------------------- Dated this the 21st day of July, 2010. JUDGMENT This Writ Petition is filed by the next friend on behalf of petitioner/defendant in O.S.No.848 of 1994. That is a suit filed by respondent No.1 for declaration of title and fixation of boundary. A decree as prayed for was granted in that case. While so, wife of the defendant in that suit claiming that defendant was a person of unsound mind during the relevant time undergoing treatment at Mental Health Centre, Peroorkada and that respondent No.1/plaintiff managed to get certain papers signed by him and making use of that, obtained a decree which is null and void, filed O.S.No.690 of 2001 representing defendant as next friend to set aside the decree in O.S.No.848 of 1994 as fraudulently obtained. While so respondent No.1 sought execution of the decree in O.S.No.848 of 1994. Petitioner filed E.A.No.642 of 2010 in the executing court for stay of execution of decree in O.S.No.848 of 1994. That application was dismissed on 09.07.2010. Grievance of petitioner is that he is not given a copy of the order so far but in the meantime the decree in O.S.No.848 of 1994 is being executed and if that happens, a portion of building of petitioner has to be demolished. Petitioner therefore seeks a direction to the executing court to keep execution of decree in O.S.No.848 of 1994 in abeyance for some time. Learned counsel for petitioner states that decree in O.S.No.848 of 1994 if executed, he is instructed to state that a portion of building belonging to petitioner will have to be demolished. WP(C) No.22690/2010 2 2. Having regard to the facts and circumstances stated I am inclined to issue a direction to the executing court to issue copy of order on E.A.No.642 of 2010 immediately to petitioner. Execution of decree in O.S.No.848 of 1994 to the extent it relates to demolition of any portion of building of petitioner shall stand in abeyance for some time. Resultantly, this Writ Petition is disposed of in the following lines: i. Learned Munsiff, Neyyattinkara is directed to issue a copy of order on E.A.No.642 of 2010 to petitioner, if applied for on usual terms as expeditiously as possible and at any rate within fifteen (15) days from the date of receipt of a copy of this judgment. ii. It is directed that execution of decree in O.S.No.848 of 1994 to the extent it relates to demolition of any portion of building of petitioner shall stand in abeyance upto a period of one week from the date notified for receipt of a copy of order on E.A.No.642 of 2010. iii. That, Writ Petition filed by the next fried on behalf of petitioner/defendant was entertained by this Court shall not be taken as acceptance of the contention regarding alleged mental condition of petitioner by any of the courts below. THOMAS P.JOSEPH, Judge. cks