IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3837 of 2009(F) ------------------------- RCP.214/2004 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- LEELA DAVIS ,W/O. K.A.DAVIS AGED 9 YEARS RESIDING AT MAREENA HOUSE, KALOOR CROSS ROAD COCHIN 682 018. BY ADV. SRI.M.P.RAMNATH RESPONDENT(S): --------------- 1. T.P.SALIM, S/O.LATE HAMEED, RAZEENA MANSION, ST.ALBERTS HIGH SCHOOL LANE ERNAKULAM. 2. T.P.GAFOOR, S/O.LATE HAMEED, RAZEENA MANSION, ST.ALBERTS HIGH SCHOOL LANE ERNAKULAM. 3. T.P.RAZEENA, S/O.LATE HAMEED, RAZEENA MANSION, ST.ALBERTS HIGH SCHOOL LANE ERNAKULAM. 4. T.P.SIRAJ, S/O.LATE HAMEED, RAZEENA MANSION, ST.ALBERTS HIGH SCHOOL LANE ERNAKULAM. 5. T.P.SAJNA, S/O.LATE HAMEED, RAZEENA MANSION, ST.ALBERTS HIGH SCHOOL LANE ERNAKULAM. 6. T.P.ZAINABA, W/O. LATE HAMEED, RAZEENA MANSION, ST.ALBERTS HIGH SCHOOL LANE ERNAKULAM. 7. ANTO DAVIS, S/O.DAVIS VANITHA JEWELLERY, CHAMBER ROAD, ALUMKADAVU, BROADWAY, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.3837 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2009 JUDGMENT Abdul Rehim, J. Petitioner is challenging Ext.P1 order of the Principal Munsiff Court, Ernakulam passed in E.A.No.1012/08 in E.P.No.266/08 in RCP.No.214/04. The learned Munsiff had dismissed the petition filed seeking to keep in abeyance the proceedings in an obstruction petition filed as Ext.P4 till a prior suit filed by the respondent herein as plaintiff is disposed of. 2. Even though, the impugned order is passed by the Principal Munsiff exercising civil jurisdiction, it is an order passed in execution proceedings of an eviction order under the provisions of the Kerala Buildings ( Lease and Rent Control) Act 1965. With respect to execution of orders issued under the Kerala Buildings ( Lease and Rent Control) Act 1965, the provisions are governed by Section 14 of the said Act, which is extracted below: “ Every order made under section 11 or section 12 or section 13 or section 19 or section 33 WPC.No.3837/09 2 and every order passed on appeal under section 18 or on revision under section 20 shall, after the expiry of the time allowed therein, be executed by the Munsiff or if there are more than one Munsiff, by the Principal Munsiff having original jurisdiction over the area in which the building is situated as if it were a decree passed by him: provided that an order passed in execution under this section shall not be subject to an appeal but shall be subject to revision by the court to which appeals ordinarily lie against the decisions of the said Munsiff.” As per the proviso, it is clear that any order passed in execution is subject to revision by the court to which appeals ordinarily lie against the decision of the Munsiff court. Therefore, against any order passed in the proceedings for execution of an order under the Kerala Building ( Lease and Rent Control) Act 1965, there is an effective statutory remedy provided by way of revision. Hence, we do not find any reason to entertain the challenge against Ext.P1 in a proceedings under Article 227 of the Constitution of India. Therefore the writ petition is dismissed without prejudice to the right of the petitioner to WPC.No.3837/09 3 invoke the statutory revisional remedy available to him. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. WPC.No.3837/09 4