IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 6054 of 2010(F) ------------------------- AGAINST THE ORDER IN EP 202/2009 IN RCOP.10/2007 of PRL.M.C., KOTTAYAM .................... PETITIONER(S): COUNTER PETITIONER/JUDGMENT DEBTOR ------------------------------------------------- 1. DR.JAMES E.V., SUKHODAYA AYURVEDIC HOSPITAL, KANJIKUZHY, KOTTAYAM. 2. DR.REETHA JAMES, W/O. DR.JAMES E.V., SUKHODAYA AYURVEDIC HOSPITAL, KANJIKUZHY, KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): PETITIONER/DECREE HOLDER --------------------------------------- 1. MRS.GRACE THOMAS, W/O. LATE DR.THOMAS MATHEW, KOCHUPURACKAL HOUSE, KANJIKUZHY, KOTTAYAM. 2. DR.ANIL MATHEW THOMAS, S/O. LATE DR.THOMAS MATHEW, KOCHUPURACKAL HOUSE, KANJIKUZHY, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.C.No. 6054 OF 2010 ------------------------ Dated this the 24th day of February, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this writ petition under Article 227 is an order of delivery passed by the Execution Court in a proceeding for execution of eviction order passed by the Rent Control Court. 2. We are not inclined to entertain this writ petition since we notice that under Section 14 of Act 2 of 1965, the petitioners have a remedy to the District Court. We relegate the petitioners to that remedy and dismiss the writ petition in limine. 3. Sri. Liji.J.Vadakkedom, learned counsel for the petitioners submitted that the petitioners have received notice of a caveat lodged before the District Court, Kottayam by the respondents in anticipation of the prospective Section 14 revision. It is needless to state that if and when the petitioners filed Section 14 revision before the District Court, they will be bound to serve copies of the same on the respondents or the advocate who has lodged caveat on their behalf. WPC.No.6054/2010 2 Even as we dismiss the writ petition as not maintainable, we direct the Execution Court to adjourn the delivery presently ordered by seven days from today. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk