IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25256 of 2009(O) ----------------------------------- (EP 12/09 IN OS 228/96, MUNSIFF COURT, PARAVOOR) PETITIONER(S): ---------------------- SUJATH SHAH, S/O. ABDUL RAHIMAN, AGED 39 YEARS, RESIDING AT NOUSHAD MANZIL, NEAR KIZHEKKUMKARA MEENAD VILLAGE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER S.P. ARAVINDAN, S/O. SADANANDAN, AGED 38 YEARS, RESIDING AT ANANDA BHAVAN, NEAR KOCHALUMMOODU, KADAVOOR VILLAGE, THIRUVANANTHAPURAM. BY ADVS. MR.E.K.NANDAKUMAR MR. JAYASANKAR A.K. MR. JOHN MATHAI MR. BENNY P. THOMAS MR. ANIL D. NAIR MR. JOSON MANAVALAN RESPONDENT(S): ---------------------- 1. L. THANKAPPAN, SON OF PADMANABHAN, AGED 66 YEARS, BUSINESS, RESIDING AT PTTARAZHIKATHU VEEDU, THAZHAM CHATHANNUR. 2. SAROJAM THANKAPPAN, D/O. LEKSHMI, AGED 56 YEARS, HOUSE WIFE, RESIDING AT PATTARAZHIKATHU VEEDU, THAZHAM, CHATHANNUR. 3. P. BHASKARAN, SON OF PADMANABHAN, RETIRED GOVERNMENT SERVANT, GANGA SADAN, ERAM, CHATHANNUR (DIED) 4. ABDUL RAHIMAN, SON OF MOHAMMED KUNJU, NOUWHAD MANZIL KIZHAKKUMKARA, MEENADU CHERRY (DIED) 5. HAVVA BEEVI, D/O. MOHAMMED KHASIM, AGED 62 YEARS, HOUSE WIFE, RESIDING AT NOUSHAD MANZIL, KIZHAKKUMKARA, MEENADU CHERRY, NEDUNGOLAM POST 6. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KOLLAM 7. ASSISTANT DIRECTOR(RE-SURVEY), OFFICE OF THE RE-SURVEY, KOLLAM. 8. SUPERINTENDENT OF SURVEY & LAND RECORDS, OFFICE OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS, KOLLAM WP(C).No. 25256 of 2009(O) -2- 9. NOUSHAD, S/O. ABDUL RAHMAN, NOUSHAD MANZIL, KIZHAKKUMKARA, MEENADU CHERRY, NEDUNOLAM POST. 10. AMARSHAD S/O. ABDUL RAHMAN, NOUSHAD MANZIL, KIZHAKKUMKARA, MEENADU CHERRY, NEDUNGOLAM POST. 11. KRISHNA BHASKAR, GANGA SADANAM, CHATHANNUR. BY GOVERNMENT PLEADER MR. M.L.SAJEEVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.25256 of 2009 - O --------------------------------- Dated this the 28th day of August, 2009 JUDGMENT Writ petition is filed seeking the following reliefs: “i) To call for the records leading to Exhibit P13 order and to set aside the same by issuing a writ of certiorari or any other appropriate writ or order. ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the District Court, Kollam to consider and dispose of Exts.P10 and P11 at the earliest. iii) To stay all further proceedings in Ext.p9 execution application till the disposal of Exhibits P10 and P11 by the District Court, Kollam. 2. At the time of hearing, learned counsel for the petitioner confined his submissions for issue of an order/direction to the District Court, where his C.M.A. is pending, to hear and dispose of the stay petition expeditiously. It is submitted that steps taken for execution of the exparte decree is posted for further steps on 8.9.2009. It is further submitted that service has been completed in C.M.A and the respondent has entered appearance. W.P.(C).No.25256 of 2009 - O 2 3. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary and hence it is dispensed with. 4. I direct the learned District Judge, Kollam to dispose of the stay petition filed in C.M.A.No.67 of 2009 within two weeks from the date of receipt of a copy of this judgment. The execution court, Munsiff-Magistrate Court, Paravur is directed to keep in abeyance further execution proceedings for a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-