IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 20785 of 2010(O) -------------------------- OS.517/1978 of PRL.MUNSIFF COURT, KOZHIKODE-II .................... PETITIONER: --------------- THE SECRETARY, SREE NARAYANA SMARAKA SPORTS AND ARTS CLUB, (SNS SPORTS AND ARTS CLUB) (A SOCIETY REGISTERED UNDER SOCIETIES REG.ACT BEARING REGISTER NO.5342/1983), 17/107, S.K.TEMPLE ROAD, KOZHIKODE-673001, REPRESENTED BY ITS PRESENT SECRETARY, P.MANOJ KUMAR. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS: --------------- 1. KUNDUR DEVARAJAN, S/O.RAMAN, AGED 51 YEARS, NEDUNGOTOOR AMSOM DESOM, KOZHIKODE. 2. KUNDUR SASTHYANATHAN, S/O.RAMAN, AGED 50 YEARS, NEDUNGOTOOR AMSOM DESOM, KOZHIKODE. 3. KUNDUR BALACHANDRAN, S/O.RAMAN, AGED 48 YEARS, NEDUNGOTOOR AMSOM, DESOM, KOZHIKODE. 4. KUNDUR RATNAKARAN, S/O.RAMAN, AGED 51 YEARS, NEDUNGOTOOR AMSOM, DESOM, KOZHIKODE. 5. KUNDUR DHANANJAYAN, S/O.RAMAN, AGED 45 YEARS, NEDUNGOTOOR AMSOM, DESOM, KOZHIKODE. 6. AMALATH KUNHIPENNU, D/O.A.VELAYUDHAN, AGED 76 YEARS, AMLATH HOUSE, VETTOM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 7. KUNDUR BHAVANI, D/O.SHANKARAN, AGED 76 YEARS, NEDUNGOTOOR AMSOM DESOM, KOZHIKODE. 8. AMBACHIPARAMBATHU RENUKA D/O.RAMAN, AGED 56 YEARS, KADALUNDI AMSOM, DESOM, KOZHIKODE. 9. PEECHANARI SUSHAMA, D/O.RAMAN, AGED 50 YEARS, CHERUVANNUR AMSOM, DESOM, KOZHIKODE-673 631. 10. KUNDUR PUSHPALATHA, D/O.RAMAN, AGED 39 YEARS, CHERUVANDUR AMSOM, DESOM, KOZHIKODE. 11. MINI, D/O.SHYLAJA, AGED 39 YEARS, KARAKKADAN KOLLATH, NEDUGOTOOR AMSOM, DESOM, KOZHIKODE. 12. LINI, D/O.SHYLAJA, AGED 37 YEARS, KARAKKADANM KOLLATH, NEDUNGATOOR AMSOM, DESOM, KOZHIKODE. 13. KRIPAN, S/O.SHYLAJA, AGED 35 YEARS, KARAKKADAN KOLLATH, NEDUMGATOOR AMSOM DESOM, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.20785 of 2010 --------------------------------------- Dated this 05th day of July, 2010 JUDGMENT Respondent Nos.1 to 5 obtained a decree for recovery of possession of the suit building from respondent No.6 in O.S.No.517 of 1978 and filed E.P.No.92 of 2009 for execution of the decree. Petitioner, stated to be a registered society filed E.A.No.578 of 2009 under Order 21 Rule 97 of the Code of Civil Procedure claiming that it is the tenant of suit building from 01-11- 1977 onwards its then Secretary, Gangadharan having taken the building on rent from the late Kundoor Raman, predecessor-in- interest of respondent Nos.1 to 5. It is also the claim of petitioner that rent was being paid to the said Raman and later to respondent No.1 till December 2008 but, thereafter respondent No.1 refused to receive the rent. Now respondent Nos.1 to 5 have obtained a decree for eviction of respondent No.6 from the suit building of which petitioner is the tenant and hence E.A.No.578 of 2009. That petition was dismissed on 23-06-2010 for default. Thereon, petitioner filed E.A.No.355 of 2010 on 28-06-2010 for restoration of I.A.No.578 of 2009. Grievance of petitioner is that the building is ordered to be delivered before 09-07-2010 but E.A.No.355 of W.P.C.No.20785 of 2010 : 2 : 2010 is posted on 12-07-2010. Learned counsel seeks stay of the proceedings and a direction to the executing court to consider E.A.No.355 of 2010. 2. Having regard to the facts and circumstances stated by learned counsel I direct executing court to dispose of E.A.No.355 of 2010 before delivery is effected. This writ petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-