IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 7209 of 2010(O) ------------------------------------- (E.P. NO. 108/2007 IN OS.NO.693/1995 OF MUNSIFF'S COURT, PATHANAMTHITTA) .................... PETITIONER/DECREE HOLDER: --------------------------------------------- KUNJUKUNJU, AGED 90 YEARS, S/O.MYLAN, CHEMBALOOR MINI SADANAM, LAHA MURI, PERUNADA VILLAGE & RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.SETHUNATH. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. ANIYAN CHACKO, AGED 55 YEARS, PATTATHIL VEETIL, PANACHAKKUZYIL, KOZHENCHERRY MURI & VILLAGE, PIN -689 641. 2. SURENDRAN, AGED 65 YEARS, S/O.KARUTHA KUNJU, PANACHAKKUZYIL, KOZHENCHERRY MURI & VILLAGE, PIN- 689 641. 3. GOPALAKRISHNAN, AGED 42 YEARS, S/O.BABU, PANACHAKKUZYIL, KOZHENCHERRY MURI & VILLAGE, PIN- 689 641. 4. KILIYAN PODIYAN, 80 YEARS, PANACHAKKUZYIL, KOZHENCHERRY MURI & VILLAGE, PIN- 689 641. 5. THANKAMMA, AGED 53 YEARS, W/O.LATE GEORGE MATHEW, PANACHAKKUZYIL, KOZHENCHERRY MURI & VILLAGE, PIN- 689 641. W.P.(C). NO.7209/2010-O: 6. AJI, AGED 32 YEARS, S/O.LATE GEORGE MATHEW, PANACHAKKUZYIL, KOZHENCHERRY MURI & VILLAGE, PIN- 689 641. 7. AJITHA, AGED 33 YEARS, D/O THANKAMMA, PANACHAKKUZYIL, KOZHENCHERRY MURI & VILLAGE, PIN- 689 641. 8. KARTHIYANI, PATTATHIL VEETIL, PANACHAKKUZYIL, KOZENCHERRY MURI & VILLAGE, PIN -689 641. 9. MANI KARTHYANI, PATTATHIL VEETIL, PANACHAKKUZYIL, KOZENCHERRY MURI & VILLAGE, PIN- 689 641. 10. MINI KARTHYANI, PATTATHIL VEETIL, PANACHAKKUZYIL, KOZENCHERRY MURI & VILLAGE, PIN- 689 641. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.7209 of 2010-O ------------------------------------- Dated 11th March 2010 Judgment The limited prayer in this Writ Petition filed under Article 227 of the Constitution of India, is for a direction to the Munsiff's Court, Pathanamthitta to take up EP No.108/07 in OS No.693/95 and dispose of the same in accordance with law as early as possible. 2. The petitioner obtained a decree in his favour in OS No.693/95. He put it in execution as per EP No.108/07. The petitioner submits that the said EP is not being taken up and disposed of by the Court below, which is causing serious hardships to him. He, therefore, prays for a direction to the Court below to take up and dispose of the said EP as early as possible. 3. In the nature of the order that is proposed to be passed in this Petition, it is felt that it is unnecessary to issue notice to the respondents. One should notice that WPC 7209/10 2 the suit is of the year 1995 and the decree was obtained in 2005. It was put in execution in 2007. Even now, the decree holder is not able to enjoy the fruits of the decree. The direction sought for is only just and reasonable. In the above circumstances, there will be a direction to the Munsiff's Court, Pathanamthitta to take up EP No.108/07 in OS No.693/95 forthwith and dispose of the same in accordance with law as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this Judgment. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 7209/10 3