IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 11950 of 2008(V) --------------------------------------- PETITIONER: ------------------- BHASKARA PILLAI, AGED 85 YEARS, S/O.PARAMESWARAN PILLAI, PADMA VILASOM BUNGALOW, KARODE P.O. BY ADV. SRI.K.P.SREEKUMAR. RESPONDENTS: ------------------------ 1. KESAVAN NAIR, AGED 60 YEARS, S/O.SIVASANKARA PILLAI, POOVANNARA VEEDU, CHENGAL VILLAGE, NEYYATTINKARA. 2. BALAKRISHNA PILLAI, VARAVILAKATHU VEEDU, KARODE P.O., NEYYATTINKARA. 3. VASUDEVAN PILLAI, VARAVILAKATHU VEEDU, KARODE P.O., NEYYATTINKARA. 4. VISALAKSHMY AMMA, KADAVARAKKATT HOUSE, KARODE P.O., NEYYATTINKARA. 5. PADMINI AMMA, VARAVILAKATHU VEEDU, KARODE P.O., NEYYATTINKARA. 6. KUMARY AMMA, VARAVILAKATHU VEEDU, KARODE P.O., NEYYATTINKARA. 7. SUNIL KUMAR, VARAVILAKATHU VEEDU, KARODE P.O., NEYYATTINKARA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 11950 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of April, 2008. J U D G M E N T This writ petition is preferred for a direction to the Subordinate Judge, Neyyattinkara to effect delivery of the property in E.P.135/05 in O.S.78/64 and also for an expeditious disposal of A.S.155/05. By Ext.P2 judgment in WPC 11232/08 I directed the Court below to defer the delivery posted to 3.4.08 and consider and dispose of E.A.613/07 after hearing all concerned and then proceed with the matter. This Court contacted the Munsiff, Neyyattinkara and he has submitted before the Court that E.A.613/07 had been dismissed on 24.10.07. It is sorry to state that a writ petition has been filed for a disposal of an execution application which has been disposed of much prior to the filing of that writ petition. Therefore I direct the Munsiff, Neyyattinkara to proceed with the delivery of the property in E.P.135/05 in O.S.78/64 unless the judgment W.P.C 11950 OF 2008 -:2:- debtor is in a position to produce any certified copy of the order of stay passed by this Court in any matter. It is further to be stated that this Court has not granted any stay in WPC 11950/08 at any point of time. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-