IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 OP(C).NO. 3077 OF 2011(O) --------------------------------------- AGAINST THE ORDER DATED 7.06.2011 IN EP.129/2011 IN OS.73/2007 OF PRINCIPAL MUNSIFF, ALAPPUZHA PETITIONER: ------------------- KOCHUTHRESIA @ OMANA, AGED 45 YEARS, W/O.CHACKO & D/O.K.J.THOMAS, PAYIKKAD HOUSE, MUHAMMA P.O., CHERTHALA TALUK, FROM KATTEZHAM JOHN VILLA, AMICHAKARI, CHAMPAKULAM. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.K.P.UNNIKRISHNAN (ELOOR) RESPONDENT(S): -------------------------- 1. ANNAMMA, MALIAKKAL, MOZHUKUNNAM, PALLANGADI, CHAMPAKULAM, KUTTANAD,ALAPPUZHA-685505 2. THRESSIAMMA, W/O. JOHN, KATTEZHAM JOHN VILLA, AMICHAKARI,CHAMPAKULAM, KUTTANAD,ALAPPUZHA-685505 3. THOMAS JOHN, S/O.JOHN, KATTEZHAM JOHN VILLA, AMICHAKARI,CHAMPAKULAM, KUTTANAD,ALAPPUZHA-685505 ADV. SRI.JOMY GEORGE FOR R1 SRI.SEBASTIAN THOMAS FOR R1 SRI.K.RAVI (PARIYARATH) FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3077 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY OF E.P. NO.129 OF 2011 DATED 07.06.2011. EXHIBIT P2 TRUE COPY OF DELIVERY NOTICE DATED NIL. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3077 of 2011 ==================================== Dated this the 29th day of September, 2011 J U D G M E N T Petitioner is the 5th judgment debtor in E.P. No.129 of 2011 in O.S.No.73 of 2007 of the court of learned Principal Munsiff, Alappuzha. On the strength of assignment of shares granted by respondents 2 and 3, the first respondent who is a stranger to the family filed the suit for partition. Petitioner remained ex parte and preliminary/final decrees were passed. First respondent has put the decree in execution. Petitioner remained absent in the execution proceedings. Executing court ordered delivery. At that stage petitioner has come forward with this Original petition seeking a direction to the learned Munsiff to issue copy of the preliminary decree and delivery order passed on Exts.P1 and P2 within a time frame to be fixed by this Court. There is a further prayer for a direction to the learned Munsiff to keep in abeyance further proceedings on Exts.P1 and P2. Leaned counsel submitted that petitioner has applied for copy of the relevant orders and intends to challenge the preliminary/final decree. According to the learned counsel the decree violates Section 4 of the Partition Act. O.P(C) No.3077 of 2011 -: 2 :- Learned counsel for first respondent contended that the said contention of petitioner cannot be entertained in this proceeding since petitioner remained ex parte throughout and even in the execution proceeding. 2. Having heard counsel on both sides I am inclined to direct the learned Munsiff to issue certified copy of the decree/orders as applied for by the petitioner as early as possible. Having regard to the contentions raised by the petitioner first respondent is directed not to demolish that part of the building falling in the property alloted to her in the preliminary/final decree for a period of two months from this day. Resultantly, Original Petition is disposed of as follows: (a) Learned Principal Munsiff, Alappuzha is directed to issue certified copy of preliminary/final decree and delivery order as applied for by the petitioner in O.S. No.73 of 2007 and in E.P. No.129 of 2011 as early as possible. (b) First respondent is directed not to O.P(C) No.3077 of 2011 -: 3 :- demolish that part of the building falling in the property allotted to her, in the preliminary/final decree and being delivered over to her for a period of two months from this day or until the appellate court passes appropriate orders in the matter, whichever is earlier. THOMAS P. JOSEPH, JUDGE. vsv