IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 CRP.No. 330 of 2010() --------------------- AGAINST THE ORDER DATED 03/04/2010 IN EP.16/2010 IN OS.117/2008 of MUNSIFF COURT, MAVELIKKARA .................... REVN. PETITIONERS: DECREE HOLDERS,PLAINTIFFS ---------------------------------------------- 1. RAJAPPAN,AGED 48 YEARS,S/O.KESAVAN, RESIDING AT RAJESH BHAVAN,KAITHA SOUTH MURI, KANNAMANGALAM VILLAGE. 2. K.T.SOMASEKHARAN,LALITHA NIVAS, KAITHA SOUTH MURI,KANNAMANGALAM VILLAGE. 3. RAJAN,SARATH BHAVAN,KAITHA SOUTH MURI, KANNAMANGALAM VILLAGE. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENTS: JUDGMENT DEBTORS/DEFENDANTS ------------------------------------------ 1. KERALA THANDAR MAHASABHA REG.NO.46/1950, HEAD OFFICE OACHIRA REPRESENTED BY ITS GENERAL SECRETARY. 2. P.K.VASU,PONNUMPARAMBIL,KUTTAMPEROOR MURI,MANNAR VILLAGE. 3. T.K.VASU,THOPPIL VEEDU,KIZHAKKEVAZHI MURI,THRIPPERUNTHARA VILLAGE. ADV. SRI.P.B.SAHASRANAMAN FOR R1 TO R3 SRI.T.S.HARIKUMAR FOR R1 TO R3 SRI.K.JAGADEESH FOR R1 TO R3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- C.R.P.No.330 of 2010 --------------------------------------- Dated this 05th day of October, 2010 ORDER Plaintiffs/judgment debtors have filed this revision petition challenging the order dated April 3, 2010 in E.P.No.16 of 2010 in O.S.No,117 of 2008 of the court of learned Munsiff, Mavelikkara. They filed a suit for mandatory injunction to conduct election of Shaka No.342 of Kerala Thandar Mahasabha of Kaithanaduvile Muri and for other reliefs. A compromise decree was passed on 20-08-2009 as per which it was agreed by the parties that election will be held within three months from 20-08-2009. According to the petitioner no such election was conducted and hence they filed E.P.No.16 of 2010 on 15-02-2010 to conduct election through an Advocate Commissioner. Respondents/judgment debtors resisted the execution petition contending that the Secretary of the Shaka who was appointed as Returning Officer (respondent No.1) after issuing notice to all 51 members of the Shaka including petitioners by certificate of posting on 20-01-2010 has conducted election on 07-02-2010 and that it is after receipt of the notice and knowing about conduct of election on 07-02-2010 that the present execution petition was C.R.P.No.330 of 2010 : 2 : preferred on 15-02-2010. It is also contended that petitioners had not submitted any nomination papers to take part in the election and that there is no prayer in the execution petition to set aside the election already conducted. Instead petitioners have proceeded on the presumption that no election was conducted. Respondents produced relevant documents before the executing court which according to them revealed that election was conducted on 07-02-2010. 2. It is contended by learned counsel for petitioners that no such election was conducted and no notice of election was served on petitioners. According to the learned counsel, election if conducted is not valid or within the time specified in the compromise decree. 3. Executing court has observed from the records that election was conducted on 07-02-2010. It has not considered the question whether notice of election was given to petitioners. Execution petition was dismissed on the premise that it has become infructuous by conduct of election on 07-02-2010. Executing court has to consider whether election was really conducted as claimed by respondents, whether documents produced by respondents could be accepted and whether C.R.P.No.330 of 2010 : 3 : petitioners had been notice of the election. Since that has not been done I am persuaded to interfere with the order under challenge. Resultantly this petition is allowed by way of remand. Order dated April 3, 2010 in E.P.No.16 of 2010 is set aside and that execution petition is remitted to the executing court for fresh decision of the dispute involved after giving both sides opportunity to adduce evidence. Parties shall appear in the executing court on 30-10-2010. (THOMAS P JOSEPH, JUDGE) Sbna/-