IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 RP.No. 125 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12410/2010 Dated 08/04/2010 .................... PETITIONERS/RESPONDENTS 1 & 3 ----------------------------------------------------- 1. LEELAMONI, W/O.RAJABHAKTHAN, 35/2575, THULASI KARNAKODAM,KOCHI-25. 2. LEKHA, W/O.BALAKRISHNA SHARMA, D-201, BADRIDHAM,CO-OP.HSG.SOCIETY, NEAR POLICE STATION, TITWALA(W), KALYAN, THANE DISTRICT-421605. BY ADVS. SRI.S.B.PREMACHANDRA PRABHU SRI.G.SREENIVASA PRABHU RESPONDENTS/WRIT PETITIONER & RESPONDENTS 2 & 4 TO 9: ------------------------------------------------------------------------------------------ 1. KANTHIMATHY,W/O.MANOHARA PRABHU, KANNAMPARAMBIL, PARAVOOTHARA, NORTH PARAVUR-683513. 2. PREMALATHA,W/O.D.G.PRAMANAND, P.V.BUILDINGS, NORTH NADA, KODUNGALLOOR-680664. 3. GEETHA DEVI, W/O.SREENIVASA NAICK, ARACKAL, PUTHANPALLY,VARAPPUZHA-683517. 4. P.D.BABU,W/O.LATE DAMODARAN,SENIOR GRADE ASSISTANT,CALICUT UNIVERSITY,CALICUT-673635. 5. RAMACHANDRA PAI, KRISHNA STORES, PERUMBAVOOR-683542. 6. VIVEK,S/O.RAMACHANDRA PAI, KRISHNA STORES PERUMBAVOOR-683542. 7. SHESHU, S/O.RAMACHANDRA PAI, KRISHNA STORES, PERUMBAVOOR-683542. RP.No. 125 of 2011() ------------------------------ 8. SHALU RAMACHANDRA PAI, W/O.RAMACHANDRA PAI, KRISHNA STORES, PERUMBAVOOR-683542. BY ADV. SRI.LIJU. M.P THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P. No. 125 of 2011 in W.P.(C) No.12410 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2011. ORDER This petition is filed seeking to have the judgment dated 8.4.2010 in W.P.(C) 12410 of 2010 reviewed on the grounds made mention of in the petition. 2. In the judgment referred to above this court had directed the court below to issue carbon copy of the orders alleged to have been passed in Exts.P5 to P9 to the first respondent herein and to keep the execution proceedings in E.P.210 of 2006 in O.S. 725 of 1994 in abeyance till then. 3. Through this review petition, it is brought to the notice of this court that in fact at that point of time orders had been passed only on Exts.P8 and P9 and Exts.P5 to P7 were pending. The review petitioners say that the order of this court regarding stay of execution is now being interpreted as extending till Exts.P5 to P7 are R.P.125/2011. 2 disposed of and that causes considerable difficulties to them in proceeding with the execution petition. 4. Learned counsel appearing for the respondents in this review petition pointed out that it was a bonafide mistake committed by the petitioner in the writ petition and what the review petitioners say is true. Only Exts.P8 and P9 were disposed of and Exts.P5 to P7 are still pending. 5. All that therefore required is only a clarification. It is hereby clarified that the execution proceedings was intended to be kept in abeyance till the issuance of the carbon copy of the orders passed Exts.P8 and P9. If Exts. P5 to P7 are not yet disposed of, there will be no stay of execution proceedings as far as Exts.P5 to P7 are concerned. This is subject ofcourse to any order that may be issued by any other court. The judgment in the writ petition will not be construed as an order of stay of execution proceedings. P. BHAVADASAN, JUDGE sb.