IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25583 of 2008(U) -------------------------- RCP.98/1984 of PRL.M.C.,TRIVANDRUM .................... PETITIONER: ------------ 1. M.JAMAL, S/O.LATE MUHAMMED MUSTHAFFA, PROPRIETOR, JAMAL HOTEL, R/AT.VAYALARIKATH PUTHEN VEEDU, POWER HOUSE ROAD, THIRUVANANTHAPURAM. 2. M.BADARUDDIN, S/O.MOHAMMED MUSTAFFA R/AT. DO.DO. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ------------- 1. SABEENA, D/O.SAFIYA BEEVI, R/AT.THOPPIL HOUSE, KOTTAKAKATH CHERI, KOLLAM. 2. A.M.NOUSHAD, S/O. LATE SAFIYA BEEVI, DO. DO. 3. A.M.NAZAR, S/O. OF LATE SAFIYA BEEVI, DO.DO. 4. A.M. NAFEEL, S/O. OF LATE SAFIYA BEEVI, DO.DO. 5. A.M.NAJEEM, S/O.LATE SAFIYA BEEVI, DO.DO . BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.25583 of 2008-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2008. JUDGMENT Raman, J. The petitioners have approached this court with similar writ petition, viz. W.P.(C) No.24313/2008 and by an elaborate judgment we dismissed the case. The prayer made in this writ petition is identical, the only difference being that this writ petition is filed seeking a direction to the civil court. 2. The fact that the petitioner has filed O.S.No.678/2004 before the Munsiff's Court, Thiruvananthapuram, was also referred to in our earlier judgment and found that demarcation of the boundary is not required for giving delivery in execution of an order passed by the Rent Control Court, since eviction sought for is in respect of a tenanted building. For the same reason, we find no merit in this writ petition. It is accordingly dismissed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/