IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 CRP.No. 827 of 2008() ---------------------------- AGAINST THE ORDER DATED 24/09/2008 IN EA.246/08 IN EP.57/08 IN OS.170/1990 of MUNSIFF COURT, PAYYANNUR .................... REVN. PETITIONER/PETITIONER/3RD PARTY : -------------------------------------------------------- KIZHAKKE KODIYATH RANJITH, AGED 27 YEARS, S/O.RAGHAVAN NAMBIAR, ALAPPADAMBA AMSOM, VADAVANTHUR DESOM, THALIPARAMBA TALUK BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS/RESPONDENTS/PETITIONERS : --------------------------------------------------------- 1. CHEMMANCHERRY PUTHIYA VEETTIL JANAKI, D/O.PARVATHI AMMA, AGED 64 YEARS 2. CHEMMANCHERRY PUTHIYA VEETTIL KUNHIRAMAN S/O.PARVATHI AMMA, AGED 59 YEARS. 3. CHEMMANCHERRY PUTHIYA VEETTIL KARTHIAYANI, D/O.PARVATHI AMMA, AGED 55 YEARS, 4. CHEMMANCHERRY PUTHIYA VEETTIL RAGHAVAN, S/O.PARVATHI AMMA, AGED 52 YEARS 5. CHEMMANCHERRY PUTHIYA VEETTIL KRISHNAN, S/O.PARVATHI AMMA, AGED 50 YEARS. 6. CHEMMANCHERRY PUTHIYA VEETTIL DAKSHAYANI, D/O.PARVATHI AMMA, AGED 47 YEARS CRP.No. 827 of 2008() 7. CHEMMANCHERRY PUTHIYA VEETTIL SULOCHANA, D/O.PARVATHI AMMA,AGED 44 YEARS 8. MAYILAPPALLI PAYYADAKATH KUNHIKANNAN, S/O.LAKSHMI AMMA, 57 YEARS. 9. MAYILAPPALLI PAYYADAKATH RAGHAVAN, S/O.LAKSHMI AMMA, 52 YEARS. 10. MAYILAPPALLI PAYYADAKATH BALAKRISHNAN, S/O.LAKSHMI AMMA, 45 YEARS. ALL ARE RESIDING AT ALAPPADAMBA AMSOM VADAVANTHUR DESOM, P.O.MATHIL,KANNUR DISTRICT. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING : CRP.No. 827 of 2008 ORDER ON I.A.NO.2612 OF 2008 IN C.R.P.NO.827 OF 2008 DISMISSED 18.11.2008 SD/- K.P.BALACHANDRAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac K.P. BALACHANDRAN, J. ------------------------------------- C.R.P No. 827 of 2008 ------------------------------ Dated this the 18th day of November, 2008 ORDER Petitioner is the son of the 3rd J.D in O.S. No.170 of 1990. He filed E.A. No.246 of 2008 in E.P. No.57 of 2008 in the aforesaid suit for getting himself impleaded as an additional J.D. That petition was dismissed by the execution court vide order dated 24/09/2008. He filed this C.R.P for assailing the correctness of the said order. 2. Heard counsel for the petitioner. He submits that father of the petitioner has transferred to him under document No.1279 of 2008 of S.R.O., Payyannur, two items of properties that belonged to him and Item No.2 therein is the decree schedule property and therefore, he may also be impleaded as J.D. on the execution side allowing E.A. No.246 of 2008. 3. It is worthy to note that the suit is of the year 1990. The petitioner is none other than the son of Sri. Raghavan Nambiar, 3rd J.D in O.S. No.170 of 1990. He is transferee pendente lite of the schedule property from his father, 3rd judgment debtor. The petitioner is C.R.P No. 827 /2008 2 therefore, bound by the decree being 3rd party, who has acquired rights if any pending suit. He has no right to raise objection to the decree in execution. He has sought impleadment on the execution side only to protract and delay the execution of the decree. The executing court is not entitled to go behind the decree and has rightly found that the petitioner is not entitled to get himself impleaded in the execution petition. In the circumstance, the C.R.P is dismissed. K.P. BALACHANDRAN, JUDGE scm