IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 14691 of 2008(Y) -------------------------- PETITIONER: CLAIM PETITIONER ---------------------------- SUBHADRA, KALLEEKKAL HOUSE, PALLARIMANGALAM, THEKKEKARA VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENTS: DECREE HOLDERS & JUDGMENT DEBTORS ---------------------------------------------- 1. K.G.RAJENDRAN @ GOVINDAN RAJAN, KOCHUNADAPALLIL HOUSE, PALLARIMANGALAM, THEKKEKARAVILLAGE, NOW RESIDING AT KANIYIRIKKAL, KALLISHERRI P.O., CHENGANOOR. 2. GOVINDAN VIJAYAN, KALEEKKAL HOUSE, PALLARIMANGALAM MURI, THEKKEKARA VILLAGE, MAVELIKARA. 3. K.G.SISUPALAN @ GOVINDAN SISUPALAN, G.K.BHAVANAM, KURITHIKAD MURI, THEKKEKARA VILLAGE, MAVELIKARA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WP(C) 14691/2008 PETITIONER'S EXTS. EXT.P1 A TRUE COPY OF THE SALE CERTIFICATE NO.1528 DTD. 1.6.1988 OF SRO, MAVELIKKARA. EXT.P2 A TRUE COPY OF THE TAX RECEIPT NO.8 DTD. 20.2.1992 OF V.O. THEKKEKARA. EXT.P3 A TRUE COPY OF E.A.57 OF 2008 IN E.P.73 OF 2007 OF MUNSIFF COURT. lgk M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 14691 OF 2008 ............................................ DATED THIS THE 8th DAY OF JULY, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India for a direction to the executing court to dispose E.A.57 of 2008 filed by the petitioner. Though notice was served on first respondent/decree holder, respondent did not appear. 2. Learned counsel appearing for petitioner was heard. When petitioner has filed a claim petition in the execution petition, contending that the property belongs to him under registered documents, executing court is bound to consider the claim. Even before dispossession, in anticipation of dispossession, a petition can be filed before the executing Court as provided under Rule 99 of Order XXI of Code of Civil procedure. In such circumstances, this writ petition is disposed, directing Munsiff, Mavelikkara to dispose E.A.57 of 2008, as expeditiously as possible, after granting opportunity to the parties to adduce evidence. M.SASIDHARAN NAMBIAR, JUDGE lgk/- 2