IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6514 of 2009(O) E.A.NO.478/2008 IN E.P.NO.231/2008 IN OS.146/1998 OF THE PRINCIPAL SUB COURT, ALAPPUZHA PETITIONER: --------------- SURESH BABU @ ANIYAN, S/O.GANGADHARAN, PUNNASSERIL, ANAPARAMPAL NORTH, THALAVADY P.O., THALAVADY, ALAPPUZHA. BY ADV. SRI.LALJI P.THOMAS RESPONDENTS: --------------- 1. SUSAMMA THOMAS, W/O.LATE JOHN THOMAS, MUNNU THAICKAL VEETTIL, EDATHUA VILLAGE, ALAPPUZHA. 2. ABY THOMAS, S/O.LATE JOHN THOMAS, -DO- -DO- 3. BINU THOMAS, S/O.LATE JOHN THOMAS, -DO- -DO- 4. BIJU THOMAS, S/O.LATE JOHN THOMAS, -DO- -DO- 5. SUSY THOMAS, D/O.LATE JOHN THOMAS, -DO- -DO- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 6514 OF 2009 O ------------------------------------------------------ Dated this the 27th February, 2009 JUDGMENT The reliefs prayed for in the Writ Petition are the following: “(i) Issue a writ of mandamus or any other appropriate writ, direction or orders commanding the respondents not to proceed with the delivery of the property fixed as per Exhibit P3 proceedings against the petitioner; (ii) Issue a direction to the respondents not proceed any steps against the petitioner and the petitioner undertakes that he is ready to clear the entire liability within a period of three months from today; (iii) Issue such other writ, order or direction that this Honourable Court deems fit in the circumstances of the case.” 2. The averments in the Writ Petition would show that Ext.P1 judgment was passed exparte against the petitioner on 31.5.1999 for an amount of Rs.1,55,625/- together with interest in favour of the predecessor-in-interest of the respondents. The details of the execution proceedings are not mentioned in the Writ Petition. After stating that the petitioner was under treatment evidenced by Ext.P2 series of medical certificates, the petitioner states in the Writ Petition that the executing court passed Ext.P3 order dated 29.1.2009 for delivery. Ext.P3 order reads as follows: W.P.(C) NO. 6514 OF 2009 :: 2 :: “For hearing objection before 3 p.m. Objection not filed even after giving sufficient time and strict direction rightly from 14.10.08. Hence informed that no valid objection. No prayer for further time. Hence delivery on 11.2.09. Report on 12.2.09.” 3. On a reading of the Writ Petition, it is not seen that Ext.P3 order is challenged in the Writ Petition. The petitioner wants some time to have a settlement of the whole issue with the respondents. A Writ Petition cannot be entertained for that purpose. The reliefs prayed for in the Writ Petition, in my opinion, cannot be granted. The Writ Petition is accordingly dismissed. (K.T.SANKARAN) Judge ahz/