IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 17796 of 2010(O) -------------------------- EP NO.23/2009 IN OS.46/2009 of MUNSIFF COURT, MAVELIKKARA .................... PETITIONER(S): --------------- 1. CHELLAMMA, AGED 70 YEARS, KALEECKALETHU PADINJARE MURI,THAMARAKULAM VILLAGE, MAVELIKKARA TALUK. 2. LATHA, AGED 40 YEARS OF KALEECKALETHU PADINJARE MURI,THAMARAKULAM VILLAGE, MAVELIKKARA TALUK. 3. USHA AGED 37 YEARS OF KALEECKALETHU PADINJARE MURI,THAMARAKULAM VILLAGE, MAVELIKARA TALUK. 4. SUSEELA, AGED 35 YEARS, KALEECKALETHU PADINJARE MURI,THAMARAKULAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.K.SASIKUMAR SRI.S.ARAVIND RESPONDENT(S): --------------- 1. JANAKI, KALEECKALETHU PADINJARE MURI,THAMARAKULAM VILLAGE, MAVELIKKARA TALUK. 2. VIJAYAMMA, VETTATHU PADEETTATHIL, VAZHUVADY, THAZHAKARA.P.O., MAVELIKARA. ADV. SRI.RASHEED C.NOORANAD FOR R1 & 2 SRI.G.GOPAKUMAR (CHERTHALA) FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) N.17796/2010 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 A TRUE COPY OF THE PRELIMINARY DECREE DATED 19.5.2005 IN OS 46/2004 OF THE MUNSIFF'S COURT, MAVELIKARA EXT.P2 A TRUE COPY OF THE COMMISSION REPORT DATED 7.2.2008 EXT.P3 A TRUE COPY OF THE FINAL DECREE DATED 29.2.2008 IN OS 46/2004 EXT.P4 A TRUE COPY OF ORDER DATED 16.12.09 IN EA NO.208/2009 IN EP 23/2009 IN OS 46/2009 OF THE MUNSIFF'S COURT, MAVELIKARA EXT.P5 A TRUE COPY OF THE ORDER DATED 16.12.2009 IN EA NO.212/2009 IN EP 23/2009 OF THE MUNSIFF'S COURT, MAVELIKARA EXT.P6 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN AS NO.8/2010 OF ADDL.DISTRICT COURT, MAVELIKARA EXT.P7 A TRUE COPY OF IA NO.40/2010 IN AS 8/2010 OF ADDL.DISTRICT COURT, MAVELIKARA EXT.P8 A TRUE COPY OF IA NO.39/2010 IN AS 8/2010 OF ADDL.DISTRICT COURT, MAVELIKARA EXT.P9 A TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS IN AS NO.8/2010 OF THE ADDL.DISTRICT COURT, MAVELIKARA EXT.P10 A TRUE COPY OF PETITION IN EA NO.90/2010 IN EP NO.23/2009 OF THE MUNSIFF'S COURT, MAVELIKARA EXT.P11 A TRUE COPY OF EA NO.92/2010 IN EP NO.23/2010 OF THE MUNSIFF'S COURT, MAVELIKARA EXT.P12 A TRUE COPY OF AFFIDAVIT AND THE PETITION IN EA NO.93/2010 IN THE DECREE IN OS 46/2004 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.17796 of 2010 -------------------------------------- Dated this the 2nd day of August, 2010. JUDGMENT Defendants in O.S.No.46 of 2004 of the court of learned Munsiff, Mavelikkara are the petitioners before me. There is an exparte decree for partition of suit properties. Respondents/plaintiffs filed E.P.No.23 of 2009 for execution of the final decree. While so petitioners challenged the final decree in A.S.No.8 of 2010 in the court of learned Additional District Judge, Mavelikkara accompanied by Ext.P7, application for condonation of delay. Apprehension of petitioners is that before the appeal is disposed of respondents might execute the decree and take delivery of the property. According to the petitioners decree passed by the learned Munsiff if executed it will rip open building of the petitioners. 2. I have heard counsel on both sides. Since the decree is under challenge in A.S.No.8 of 2010 and Ext.P7, application for condonation of the delay is pending consideration of learned Additional District Judge it is only just and proper that until Ext.P7, application is disposed of delivery proceedings are kept in abeyance. Resultantly this Writ Petition is disposed of directing learned Munsiff, Mavelikkara to keep delivery proceedings in E.P.No.23 of 2009 in abeyance until WP(C) No.17796/2010 2 Ext.P7, application is disposed of by learned Additional District Judge, Mavelikkara. THOMAS P.JOSEPH, Judge. cks