IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 8TH AUGUST 2007 / 17TH SRAVANA 1929 WP(C).No. 24348 of 2005(W) ---------------------------------- PETITIONER: --------------- K.M. VISWANATHA PILLAI, AGED 60, S/O. LATE CHELLAMMA PILLAI, KALAPURACKAL BANGALOW, NADUVATTOM MURI, PALLIPPADU VILLAGE, ALAPPUZHA. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------------ 1. THANKAMMA, KALLARETHU VEEDU, VADAKKEKARA KIZHAKKUM MURI, PALLIPPADU VILLAGE, ALAPPUZHA. 2. K. KOSHY, KADAKKAL VEEDU, VADAKKEKKARA KIZHAKKUM MURI, PALLIPPADU VILLAGE, ALAPPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24348/2005 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE DECREE DT. 30.11.94 . EXT.P2:- COPY OF THE WILL DT. 10.2.95. EXT.P3:- COPY OF THE EP. NO.153/02 DT.13.8.02. EXT.P4:- COPY OF THE MEDICAL CERTIFICATE ISSUED FROM SMM HOSPITAL, NANGIARKULANGARA. /TRUE COPY/ P.A. TO JUDGE tss PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 24348 of 2005 ---------------------------------- Dated this the 8th day of August , 2007 JUDGMENT Even though notice was served on the 2nd respondent, the 2nd respondent has not entered appearance before this court. I find that only prayer in the writ petition is a direction to the Execution Court to expedite the execution proceedings. That being the only prayer, I am of the view that it is not necessary that the legal heirs of the deceased first respondent are impleaded in this writ petition. 2. I dispose of the writ petition directing the petitioner to take steps before the Execution Court for impleading the legal heirs of the deceased first respondent and I also direct the Execution Court to do whatever is necessary for final disposal of Execution Petition at the earliest and at any rate within six months of the impleadment of the legal heirs of the first respondent being completed. PIUS C. KURIAKOSE, JUDGE. dpk