IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 OP(C).No. 606 of 2011(O) ------------------------ AGAINST THE ORDER IN IA.970/1991 IN OS.73/1981 of M.C.,PARAPPANANGADI .................... PETITIONER --------------------- SIVADASAN, KANIYYALI, S/O. THEYYAN, AMARDHAM HOUSE, THENJIPALAM-673 636. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): --------------- MADHU, MATHILANCHERY, S/O. MATHILANCHERY VELAYUDHAN, CHOMARI HOUSE, P.O.CHENAKKALAGADY, THENJIPALAM-673 636. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ O.P(C).No.606 OF 2011 ------------------------------ Dated this the 28 th day of March, 2011 JUDGMENT In O.S.No.73 of 1981 on the file of the Court of the Munsiff of Parappanangadi, a final decree for partition was passed on the basis of the settlement arrived at between the parties in the Neethi Mela. The third defendant Velayudhan challenged the final decree in Appeal. The appeal was dismissed. Velayudhan filed R.S.A.No.133 of 2009 which was also dismissed. 2. When the Amin went to the property for effecting delivery, he was obstructed by the respondent herein who is the son of Velayudhan. The respondent thereafter filed E.A.No.74 of 2010 (Ext.P4 application) under Rule 97 of Order XXI of the Code of Civil Procedure for adjudicating his right, title and interest in the property sought to be delivered. It is also stated that the O.P(C).No.606 OF 2011 2 respondent filed O.S.No.114 of 2009 before the Munsiff Court, Parappanangadi claiming share in the property which was the subject matter of O.S.No.73 of 1981. 3. The grievance of the petitioner is that though E.A.No.74 of 2010 was filed in March, 2010, the same is not disposed of by the court. According to the petitioner, there is no merit in Ext.P4 application. 4. The reliefs prayed for in the Original petition are the following: “i) call for the records of the matter, ii) direct the court below to depute the Amin with police protection to execute the final decree passed in I.A.No.970 of 1991 in O.S.No.73 of 1981 on the file of the Munsiff Court, Parappanangadi to deliver possession to the parties, iii) issue such other, directions or orders as are deemed just and necessary in the interest of justice” O.P(C).No.606 OF 2011 3 5. Though notice was served on the respondent, there is no appearance for the respondent. 6. The reliefs prayed for as such cannot be granted. However, the contention of the petitioner that Ext.P4 has to be disposed of on the merits without delay is just and reasonable. Accordingly, the Original Petition is disposed of directing the learned Munsiff, Parappanangadi to consider and dispose of E.A.No.74 of 2010 in E.P.No.46 of 2009 in O.S.No.73 of 1981 as expeditiously as possible, and at any rate before 30 th June, 2011. K.T.SANKARAN, JUDGE. cms