IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 OP(C).No. 3762 of 2011(O) ------------------------------------- EP.184/2011 IN OS.648/2000 IF I ADDITIONAL SUB COURT, THRISSUR .................... PETITIONER ------------------- REGHUNATHAN, S/O.LATE VATTAPPILLY MADHAVIAMMA, AGED 80 YEARS, KALAPURACKAL HOUSE, VENGIDANGU AMSOM DESOM, CHAVAKKADU TALUK, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): -------------------------- 1. K. KALYANIKUTTYAMMA, W/O.LATE BHASKARAN NAIR, KARAKKATTU HOUSE, P.O. PAVARATTY, THRISSUR DISTRICT-680 001. 2. SHYAMALA MUKUNDAN, W/O.V.G. MUKUNDAN, KARAKKATTU HOUSE, P.O. PAVARATTY, THRISSUR DISTRICT-680 001. 3. SREELATHA KESAVADAS, W/O.M.K. DAS, LALA TOURS, CAPITAL CINEMA BUILDING, MURZBAN, MUMBAI-400 001, REPRESENTED BY POWER OF ATTORNEY HOLDER, K. KALYANIKUTTYAMMA, W/O.LATE BHASKARAN NAIR, KARAKKATTU HOUSE, P.O. PAVARATTY, THRISSUR DISTRICT-680 001. 4. K. SANTHOSH KUMAR, S/O.LATE BHASKARAN NAIR, POST BOX.NO.14749, DOHA, QATAR, REPRESENTED BY POWER OF ATTORNEY HOLDER, K. KALYANIKUTTYAMMA, W/O.LATE BHASKARAN NAIR, KARAKKATTU HOUSE, P.O. PAVARATTY, THRISSUR DISTRICT-680 001. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3762 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PLAINT IN O.S.NO.1473/2011. EXT.P2 TRUE COPY OF PLAINT IN O.S.NO.648/2000. EXT.P3 TRUE COPY OF PRELIMINARY JUDGMENT IN O.S.NO.648/00 EXT.P4 TRUE COPY OF COMMISSION REPORT DATED 28.3.2008. EXT.P5 TRUE COPY OF SALE DEED NO.469/2000 OF SRO, MULLASSERY. EXT.P6 TRUE COPY OF SALE DEED NO.710/2000 OF SRO, MULLASSERY EXT.P7 TRUE COPY OF PLAN ATTACHED WITH FINAL DECREE. EXT.P8 TRUE COPY OF E.P.NO.184/11 EXT.P9 TRUE COPY OF OBJECTION DATED 29.9.11. EXT.P10 TRUE COPY OF ORDER DATED 12.10.11 IN E.P.NO.184/11. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3762 of 2011 -------------------------------------- Dated this the 19th day of November, 2011. JUDGMENT Petitioner who is not a party to O.S.No.648 of 2000 of the court of Additional Sub Judge-I, Thrissur challenges Ext.P10, order of delivery pursuant to the final decree for partition passed in that case. According to the petitioner, property sought to be delivered in accordance with the plan approved in the final decree takes in portions of the property belonging to him and in respect of which he has filed O.S.No.1473 of 2011 in the court of Additional Sub Judge-II for fixation of boundary on the north and west of the 25 cents in survey No.77/3 claimed by him and scheduled in O.S.No.1473 of 2011. It is submitted by the learned counsel that wife of petitioner who is a party in O.S.No.648 of 2000 had raised objection regarding executability of the decree. But without considering that objection learned Additional District Judge-I has passed Ext.P10, order. 2. Admittedly petitioner is not a party in O.S.No.648 of 2000. Wife of the petitioner who is a party in that cannot carry forward the objection which petitioner may have and invite an order . In so far as petitioner is not a party in O.S.No.648 of 2000 challenge to Ext.P10, order cannot be entertained. If petitioner has other remedies available to him to protect the property which he claims as belonging to him, it is open to him to resort to such remedies as are OP(C)No.3762/2011 2 available to him and as provided under law. Original Petition is closed with the above observation. THOMAS P.JOSEPH, Judge. cks