IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 3728 of 2008(R) ------------------------- OS.90/2000 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER: ------------ A.LALITHA KUMARI, D/O.JANAKI, RESIDING AT J.K.NIVAS, KOTTAMOM, DHANUVACHAPURAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ------------- SMT.S.SARASAMMA, KALAKUZHIYIL, KADAYARA VEEDU, DHANUVACHAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioner's Exhibits:- Ext.P1:- True copy of the application, E.A.No.752/2007 dated 6.9.2007 filed before the Munsiff's Court, Neyyattinkara. Ext.P2:- True copy of the objections dated 28.9.2007 filed by the respondent in Ext.P1 application. Ext.P3:- True copy of the application, E.A.No.1028/07 dated 22.11.2007 filed by the petitioner. Ext.P4:- True copy of the objection dated 4.12.07 filed by the respondent in Ext.P3 application. Ext.P5:- True copy of the order dated 5.1.2008 passed in Ext.P3 application. /true copy/ P.S to Judge M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.3728 OF 2008 =========================== Dated this the 21st day of May, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India to quash Ext.P5 order passed by Additional Munsiff-II, Neyyattinkara in E.A.1028/2007 in E.A.752/2007 in E.P.378/2006 in O.S.90/2000. The execution petition was filed for delivery of the decree schedule property in O.S.90/2000 as confirmed by this court in the second appeal. In the execution petition petitioner filed E.A.752/2007, a petition claiming that being one of the legal heirs of Peter James who is having 1/6th right in the 9 acres and 75 cents, who was not party to the suit and therefore the property cannot be taken delivery in execution of the decree. In support of the application E.A.1028/2007 was filed to appoint a Commission. Under Ext.P5, learned Munsiff dismissed the application holding that the decree schedule W.P.(C) 3728/2008 2 property was identified in the suit and plan is available in the suit after proper measurement, and it is not necessary to appoint a Commission. The argument of the learned counsel appearing for the petitioner is that as petitioner is entitled to her share in 1/6th share of Peter James in the total extent of 9 acres and 75 cents the property is to be identified. It is not disputed that the remaining 5/6 sharers were parties to the suit. There is no illegality or irregularity in Ext.P5 order. In such circumstance, I find no reason to interfere with Ext.P5 order in exercise of the extra ordinary powers of this court under Article 227 of Constitution of India. Petitioner is at liberty to agitate the question of identity in the claim petition. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006