IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26284 of 2009(O) --------------------------------------- [OS.NO.256/1986 OF PRL.MUNSIFF COURT, NEYYATTINKARA] .................... PETITIONER/JUDGMENT DEBTOR: -------------------------------------------------- PICHAKANNU ASANARU PILLAI, HOUSE NO.NMC 208, T.B.JUNCTION, ALUMMOODU WARD, NEYYATTINKARA. BY ADVS. MR.R.T.PRADEEP, MR.V.VIJULAL. RESPONDENTS/ DECREE HOLDERS & JUDGMENT DEBTORS: ----------------------------------------------------------------------------------------- 1. HAJEERA BEEVI SANIUS BEEVI, KARAMVILAKATHU MELEPUTHEN VEEDU, ATTIYANOOR DESOM, ATHIYANNOOR PAKUTHY. 2. ABDUL KHADER, NAZERKHAN OF DO. 3. BUHARI ALIAS MOHAMMOD SALI, HOUSE NO. NMC 208, T.B.JUNCTION, ALUMMOODU VEEDU, NEYYATTINKARA. 4. BEENAMMAKANNU OF DO. 5. PREM NAZIR, KARAVILAKATHU MELE PUTHEN VEEDU OF DO. 6. V.GOPINATHAN NAIR, PARUTHIVILA PUTHEN VEEDU, KADAVATTARAM, NEYYATTINKARA. 7. V.RADHAKRISHNAN OF DO. DO. 8. V.JAYACHANDRAN NAIR OF DO. 9. V.MURALEEDHARAN NAIR OF DO. W.P.(C). NO.26284/2009-O: 10. V.RAJASEKHARAN NAIR OF DO. 11. V.SREEKUMAR OF DO. 12. GOPAKUMAR OF DO. 13. REGHUKUMAR OF DO. 14. BEENA, D/O.HEMA BEEVI, T.B.JUNCTION, ALUMMOODU WARD, NEYYATTINKARA. 15. ASANARU PILLAI MAHEEN OF DO. 16. ASANARU PILLAI ZAYAD OF DO. 17. ASANARU PILLAI NAZAR OF DO. 18. SIMI, D/O.RAHEEM BEEVI OF DO. 19. SALI, S/O. SIMI OF DO. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26284 OF 2009 -------------------------- Dated this the 17th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) To direct the Principal Munsiff Court, Neyyattinkara to take a decision on E.A No.175/2009 within such time fixed by this Hon'ble Court and to keep the delivery of property in abeyance till then. ii) To direct the Principal Munsiff Court, Neyyattinkara to keep the proceedings in E.P No.34/2008 in abeyance till a decision is taken on Ext.P4 by Sub Court, Neyyattinkara. iii) To direct the Sub Court, Neyyattinkara to take a decision on Exts.P4 and P5 within such time fixed by this Hon'ble Court. iv) To issue such other reliefs as this Hon'ble Court deems fit and proper. W.P.(C).No.26284 OF 2009 Page numbers 2. Petitioner is one among the judgment debtors in E.P No.34 of 2008 in O.S No.256 of 1986. The above suit is one for redemption instituted nearly 23 years ago. As against the preliminary decree and final decree passed the petitioner had preferred appeals. The appeal against the preliminary decree was dismissed. The appeal against the final decree was also dismissed, but, for default. An application moved by him for restoring that appeal is pending is canvassed in the present writ petition to issue directions / orders to the execution court to keep in abeyance the delivery of the suit property. The mortgage amount had been deposited long ago by the decree holder in compliance of the decree. The petitioner had claimed tenancy over the land, which was rejected. In the final decree proceedings a claim for kudikidappu was raised and on reference to the Land Tribunal that too was rejected. Having regard W.P.(C).No.26284 OF 2009 Page numbers to the long pendency of the suit and till now the decree holder is prevented from enjoying the fruits of the decree I find no indulgence can be granted to the petitioner for further delaying the execution of the decree. There is no merit in the writ petition, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN, JUDGE vdv P.A TO JUDGE