IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34510 of 2008(G) -------------------------------------------- OS.594/1996 of PRL.M.C., KOCHI .................... PETITIONER: TREESA GEORGE, W/O. GEORGE, KURISINGAL HOUSE, 15/1573, JANATHA ROAD, NAZRETH, RAMESWARAM VILLAGE, KOCHI TALUK. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL SRI.VARGHESE PARAMBIL RESPONDENT: KARMELI @ BABY, D/O. AUGUSTINE, RESIDING AT CC 15/1162, C/O. KRISHNAKUTTY ALIAS KUNJUMON VELIPARAMBIL HOUSE, STATUE ROAD, KOCHI-2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.34510 of 2008 ------------------------------------------------ Dated this the 21st day of November, 2008 JUDGMENT Heard the counsel for the petitioner. 2. The grievance of the petitioner is that against claim petition filed as E.A.93/08 in E.P.117/98 in O.S.594/96 on the file of the Munsiff's Court, Kochi he preferred an appeal before the Sub Court, Kochi as Execution First Appeal No.22/08, but that the said appeal filed on 15/11/08 is dismissed in limine on 19/11/08 ;that he has applied for copy of judgment to assail the order before this Court, but that before receipt of copy of the judgment in the said appeal the execution court has posted the case for delivery to 24/11/08. It is only proper in the circumstances that some breathing time is granted to the petitioner to work out his remedies before this Court if at all he is entitled to any relief. 3. In the result, I order that the delivery shall stand adjourned to 05/12/08. The petitioner W. P. C. No.34510 of 2008 -2- may resort to appropriate remedies within that time. 4. This writ petition is disposed of as above. Petitioner may produce a copy of this judgment before the execution court with notice to the decree holder as this Writ Petition is being disposed of without notice to the respondent/ decree holder. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-