IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 22412 of 2009(O) -------------------------- AGAINST THE ORDER IN EP.20/05 ARC 1528/02-03 IN EP.110/2008 of SUB COURT, MANJERI .................... PETITIONER(S): ------------------------- 1. PATHUMMA,W/O.MUHAMMED (LATE), THATTANTHODI HOUSE,PERINTHALMANNA,MALAPPURAM DISTRICT. 2. NISSAR.T,S/O.MUHAMMED (LATE), THATTANTHODI HOUSE,PERINTHALMANNA,MALAPPURAM DISTRICT. 3. SAMEERA,D/O.MUHAMMED (LATE) THATTANTHODI HOUSE,PERINTHALMANNA,MALAPPURAM DISTRICT. . 4. JASEERA,D/O.MUHAMMED(LATE), THATTANTHODI HOUSE,PERINTHALMANNA, MALAPPURAM DISTRICT. 5. FIROZ BABU,S/O.MUHAMMED(LATE), THATTANTHODI HOUSE,PERINTHALMANNA,MALAPPURAM DISTRICT. 6. SEENATH,D/O.MUHAMMED(LATE) THATTANTHODI HOUSE,PERINTHALMANNA, MALAPPURAM DISTRICT. 7. SUHARA,D/O.MUHAMMED (LATE), THATTANTHODI HOUSE,PERINTHALMANNA,MALAPPURAM DISTRICT. BY ADVS. MR.RAFFEEKH.K., MR.N.RAGHUNATH. RESPONDENT(S): -------------------------- 1. PERINTHALMANNA TALUK RURAL HOUSING CO-OPERATIVE SOCIETY LTD,PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE SECRETARY,PERINTHALMANNA TALUK RURAL HOUSING CO-OPERATIVE SOCIETY LTD,PERINTHALMANNA, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.22412 OF 2009 -------------------------- Dated this the 10th day of August 2009 ------------------------------------- JUSGMENT The writ petition is filed seeking the following reliefs. i) To call for the records leading to the execution proceeding No.110/2008 in A.R.C No.1528/02-03 on the file of the Sub Court, Manjeri. ii) To issue a writ of certiorari of any appropriate writ, direction or order quashing the entire proceedings initiated on the basis of execution proceeding No.110/2008 and in A.R.C No.1528/02-03 on the file of the Sub Court, Manjeri. W.P.(C).No.22412 OF 2009 Page numbers iii) Such other reliefs this Hon'ble Court may be pleased to grant in the facts and circumstances of the case. 2. As against the predecessor of the petitioners, it is submitted that an arbitration award was passed in favour of the first respondent in respect of a loan availed from that respondent, the repayment of which was defaulted. Pursuant to that award property of the predecessor of the petitioners has been brought to sale through the civil court. Petitioners have filed the present petition submitting that they were not parties to the proceedings in arbitration or before the civil court in execution of the award. They came to know the proceedings only when the Ameen came to effect delivery. Learned counsel for the petitioner seeks a breathing time to present a petition before the W.P.(C).No.22412 OF 2009 Page numbers execution court as to why the delivery could not be given effect to. No order of the execution court has been produced with the writ petition. That being so, it may not be proper and appropriate for this court to issue any direction or order to the execution court invoking its supervisory jurisdiction under Article 227 of the Constitution of India. It is open to the petitioner to approach the execution court and move any petition for the relief they are entitled to, as provided by law. Reserving the right of the petitioner to do so, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv