IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 OP(C).No. 144 of 2010(O) ------------------------ AGAINST THE ORDER IN EP 109/2007 IN OS.294/1985 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONERS: ------------------------------- 1. BINDU.C.G,D/O.A.GOPALAN,AGED 45 YEARS, ADVOCATE,CHERIYAPALAKUNNATH HOUSE,POOTHOTTA PO PIN 682 307,ERNAKULAM,NOW RESIDING AT PADATHARA HOUSE, P.S.ROAD, OFF.AZAD ROAD,KALOOR,COCHIN-17. 2. AJITHA.C.G, D/O.A.GOPALAN,AGED 39 YEARS, ADVOCATE,CHERIYAPALAKUNNATH HOUSE,POOTHOTTA PO, PIN 682 307,ERNAKULAM,NOW RESIDING AT PADATHARA HOUSE, P.S.ROAD, OFF.AZAD ROAD,KALOOR,COCHIN-17. BY ADV. SRI.P.B.KRISHNAN RESPONDENTS: --------------- 1. VALSALA,W/O.BALAKRISHNAN,AGED ABOUT 51 YEARS,,KINATTUPARAMBIL HOUSE,PERUMPILLY KARA, MULAMTHURUTHY VILLAGE,KANAYANNUR TALUK,ERNAKULAM DISTRICT. 2. SUJATHA,W/O.PRABHLADAN,AGED 49 YEARS, CHERUPARAMBIL HOUSE, KATTIKUNNU KARA, CHEMBU VILLAGE, VAIKOM TALUK. 3. MAHADEVAN.K.K, S/O.AYYAPPANKUTTY,AGED 76 YEARS, BHANU BHAVAN,KILIKKOTHIL HOUSE, DO. DO. 4. CHAKRADHARAN,S/O.AYYAPPANKUTTY,AGED ABOUT 73 YEARS, SREEBHAVAN,KILIKKOTTIL HOUSE, DO. DO. 5. JAYANTHAN.K.K, S/O.AYYAPPANKUTTY, AGED ABOUT 66 YEARS,KILIKKOTTIL HOUSE, BEHIND DLB QUARTERS,PALLURUTHY VILLAGE,KOCHI TALUK OP(C).No. 144 of 2010 6. MANI.K.K,S/O.AYYAPPANKUTTY, AGED ABOUT 63 YEARS,KILIKKOTTIL HOUSE, THYCOODAM , POONITHURA VILLAGE,KOCHI. 7. REMANI.K.C, W/O.KRISHNAN,AGED ABOUT 63 YEARS,SINDHU NIVAS, NADAMA VILLAGE, KOCHI. 8. VASUDEVAN.K.K, S/O.AYYAPPANKUTTY, AGED ABOUT 61 YEARS, KILIKOOTTIL HOUSE, BEHIND MANORAMA,PANAMPILLY NAGAR,ERNAKULAM. 9. CHITHRAMSU.K.K, S/O.AYYAPPANKUTTY,AGED ABOUT 60 YEARS,,KILIKKOTTIL HOUSE, DO. DO. 10. REHULAN.K.K, S/O.AYYAPPANKUTTY,AGED ABOUT 57 YEARS,DO. DO. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.144 of 2010 --------------------------------------- Dated this 30th day of September, 2010 JUDGMENT Judgment debtor Nos. 4 and 5 and legal representatives of deceased defendant No.1 in O.S.No.294 of 1985 of the court of learned Principal Sub Judge, Ernakulm are the petitioners before me. Learned counsel states that warrant of delivery was returned as there was some obstruction in respect of a portion of the decree schedule property and while so, decree holders filed Exts.P9 and P10, applications for delivery of property other than the portion obstructed. It is also submitted by learned counsel that on 29-09- 2010 executing court has passed an order for delivery of the entire property including portion obstructed by strangers. Learned counsel seeks a direction to the executing court to issue copy of order dated 29-09-2010. In the circumstances, learned Principal Sub Judge, Ernakulam is directed to issue copy of order dated 29-09-2010 directing delivery of property, to the petitioners if applied for on usual terms as to cost as early as possible. In the meantime delivery of property other than the obstructed portion will stand in abeyance for a period of one week from today. Petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-