IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 OP(C).No. 900 of 2010(O) ------------------------ ( E.P. NO.46/09 IN OS.186/1981 of MUNSIFF COURT, ETTUMANOOR) .................... PETITIONER ------------------ M/S.GANDHI NAGAR REGENCY PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGD. OFFICE AT GANDHI NAGAR P.O., PERUMPAIKATTUSSERY KARA, PARUMPAIKADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, REP. BY ITS CHAIRMAN T.J.JAMES. BY ADV. SRI.B.KRISHNA MANI RESPONDENT: -------------------- JOSEPH, S/O.JOSEPH, CHOORATATTILAYAKUTTY KALAYIL, PERUMPAIKADUSSERI KARA, PERUMPAIKADUSSERI VILLAGE 686001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.900 of 2010 --------------------------------------- Dated this 29th day of November, 2010 JUDGMENT Additional second appellant in S.A.No.572 of 1994 of this court is the petitioner before me challenging an order passed by the executing court on 25-11-2010 directing delivery of property. Respondent has obtained a decree for declaration of title, recovery of possession and other consequential reliefs. Petitioner and first appellant filed S.A.No.572 of 1994 challenging judgment and decree of the trial and first appellate courts, but without success. It is stated by petitioner that petitioner and first appellant have filed R.P.No.1023 of 2010 to review the judgment and decree in S.A.No.572 of 1994. Grievance of petitioner is that before the review petition is being disposed of, executing court has passed an order for delivery on 25-11-2010. 2. I have heard learned counsel for petitioner. Learned counsel has made a fervent plea to stay operation of the order of delivery (Ext.P5). It is also submitted by learned counsel that since learned Single Judge who disposed of the second appeal is sitting in the Division Bench petitioner is not able to move appropriate application in R.P.No.1023 of 2010. O.P(C).No.900 of 2010 : 2 : 3. I have gone through the order. Learned Munsiff has stated that suit is of the year 1981 and that second appeal was disposed of on 14-07-2010. Admittedly, there is no stay or other order which prevented the executing court from passing an order for delivery. Merely for the reason that a review petition is pending in S.A.No.572 of 1994 I do not find reason to interfere with the impugned order. Proper remedy open to the petitioner was to move the court where the review petition is pending and seek appropriate reliefs. This petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-