IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 OP (RC).No. 701 of 2010(O) -------------------------- AGAINST THE ORDER IN RCP 34 /2008 IN RCA.68/2010 of PRL.M.C.,ERNAKULAM .................... PETITIONER -------------------------- PUSHKARAN, AGED 50 YEARS, S/O.VELU GOPALAN, CHACKALAPARAMBIL HOUSE, THEVARA, KOCHI-12 BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): --------------- 1. C.K.SARADHA, AGED 63, W/O.LATE SILVANOSE, CHAKALAPARAMBIL, PLOT NO.G-69 PANAMPALLY NAGAR P.O.,KOCHI-26 2. RAJESWARI, AGED 59 YEARS, W/O.LATE RAMLAL, DOOR NO-39/5868 A, SIVAPRIYA,K.C.ABRAHAM MASTER ROAD, PANAMPALLY NAGAR P.O.,KOCHI-36. 3. KRISHNA KUMARI,AGED 55 YEARS, W/O.R.RANGASWAMY, DOOR NO.V/116,IRMPANAM P.O., THRIPUNITHURA-685001 4. PADMAKUMAR, AGED 53 YEARS, W/O.K.GOPINATH,ASWATHY,RAJEEV NAGAR, PUTHUKKALAVATTOM,ELAMAKKARA.682026 5. PUSHPAKUMAR, AGED 51 YEARS, W/O.V.S.RAGHAVAN, SUPERINTENDENT OF POLICE QUARTERS,PERUMANOOR-682020 6. AJITHAKUMAR,AGED 50 YEARS, W/O.C.N.SIVAPRASAD,CHAKKALAPARAMBIL ASAN LANE,THEVARA, KOCHI-13 ADV. SRI.SUNIL NAIR PALAKKAT FOR R1 TO6 SRI.K.N.ABHILASH FOR R1 TO6 SMT.R.LEELA FOR R1 TO6 SMT.N.K.SHEEBA FOR R1 TO 6 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------ O.P.(RC).No. 701 OF 2010 ------------------------ Dated this the 18th day of November, 2010 JUDGMENT Pius C.Kuriakose, J. The petitioner, an obstructer before the Execution Court, has filed this original petition under Article 227 seeking a direction to the Principal Munsiff, the Executing Court, to adjourn the delivery of the building which is involved in the execution proceedings in RCP No. 34/2008. 2. Having regard to the submissions addressed before us by Sri.S.Sachithananda Pai, learned counsel for the petitioner and Mr.Sunil Nair Palakkat, learned counsel who has taken notice on behalf of the respondent, we are not inclined to grant relief. It is seen, on a perusal of the copy of the order dated 16/3/2010 in E.A. No.387/2009 filed earlier by the very same petitioner and also from a copy of the judgment in A.S. No.92/2010 which again was filed by the very same petitioner against the order in E.A. No.387/2009, that the petitioner has no legitimate ground to O.P.(RC).No.701/2010 2 obstruct the execution proceedings. We are, therefore, not inclined to grant relief. The original petition will stand dismissed. PIUS C.KURIAKOSE,JUDGE P.S.GOPINATHAN, JUDGE dpk