IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11245 of 2008(L) ------------------------------------- AGAINST THE ORDER IN EP 615/2002 IN OS.709/1998 PRL.MUNSIFF COURT, CHERTHALA ............................................ PETITIONER: ------------------- RAJI, AGED 30 YEARS, W/O.MOHANAN, KARIYILAPARAMBIL, KADUNGALLOOR VILLAGE, PARAVOOR TALUK, ERNAKULAM. BY ADV. SRI.B.PRAMOD SRI.GEORGE MATHEWS RESPONDENTS: ------------------------ 1. RAJAN PILLAI, S/O.KOCHUKUTTAN PILLAI, RAJEEVAM VEETTIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. 2. GOPINATHA PILLAI, S/O.NARAYANA PILLAI, VELIPARAMBU VEETIL AROOR MURI, AROOR VILLAGE, CHERTHALA. 3. LALITHAMMA, W/O.GOPINATHA PILLAI, VELIPARAMBU VEETIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. 4. NATARAJA PILLAI, S/O.PADMANABHA PILLAI KIZHAKKE NADUVILE VEETTIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. 5. KAMALAMMA @ MANIAMMA, KIZHAKKE NADUVILE VEETTIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. 6. LILLY, D/O.PAILY, VELIPARAMBIL HOUSE, FROM ASARIPARAMBIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. WP(C) NO: 11245/2008 7. REYNOLD, S/O.LILLY, VELIPARAMBIL HOUSE FROM ASARIPARAMBIL AROOR MURI, AROOR VILLAGE, CHERTHALA. 8. PRAKASAN PILLAI, S/O.KUMARA PILLAI, VELIPARAMBIL HOUSE, AROOR MURI, AROOR VILLAGE, CHERTHALA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.11245 OF 2008 ===================== Dated this the 2nd day of April 2008 JUDGMENT This writ petition is filed for a direction to quash the order in E.A.Nos.128 of 2006 and E.A.No.420/2008 in E.P.No.615 of 2002 in O.S.No.709/1998 and further direct the Sub Judge, Cherthala to pass orders on Exts.P5 and P6 applications expeditiously. 2. Heard the learned counsel for the petitioner. So far as it relates to the challenge regarding the execution of the decree the petitioner cannot challenge it under Order 47 of the C.P.C admittedly on the ground that he is not a party to the proceeding. Secondly he has moved an application in the appeal filed by some other parties for impleadment along with an application for stay which is pending consideration before the Sub Judge, Cherthala. The entitlement to get impleaded is a matter to be decided by the court. Therefore, I direct the Sub Judge, Cherthala to pass orders in Exts.P5 and P6, i.e. I.A.Nos.423 & 424 of 2008 in A.S.No.50 of 2002 at any rate before the court closes for summer holidays. The factum of such a direction Wp(C) 11245/2008 -:2:- can be brought to the notice of the executing court for consideration regarding further proceedings of the delivery. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-