IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 22310 of 2008(F) -------------------------- OS.189/1995 of SUB COURT, CHERTHALA .................... PETITIONER: ------------ N.K.RADHAKRISHNAN, KALLAYIL CHIRAYIL HOUSE, THANNEERMUKKOM P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------- LEELAMMA, MALAPARAMBIL, VARANAM MURI THANNEERMUKKOM NORTH VILLAGE, CHERTHALA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.22310 of 2008 ------------------------------- Dated this the 24th July, 2008. J U D G M E N T Petitioner is the decree holder in O.S.No.189 of 1995, on the file of Sub Court, Cherthala. Respondent is the judgment debtor. This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court, Cherthala, to dispose the execution petition within a time limit. 2. The learned counsel appearing for the petitioner was heard. 3. The learned counsel for the petitioner submitted that decree for recovery of possession was confirmed by the appellate court in A.S.No.16 of 2006 on 9.10.2007, and though respondent had instituted O.S.No.114 of 1985 for partition of the property, that was finally settled by this Court in S.A.No.423 of 1995 on 2.2.2005 rejecting the claim and as seen from Ext.P1, the execution petition is being adjourned for no valid reason, and, therefore, necessary directions are to be issued. W.P.(C) No.22310 of 2008 2 4. It is seen from Ext.P1 that delivery of item Nos.1 and 2 of the decree schedule property was passed on 9.1.2008. Thereafter, a petition for review was filed. It is being adjourned thereafter for hearing. In such circumstances, executing court is directed to dispose the execution petition including E.A.No.23 of 2008, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.