IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 OP(C).No. 4203 of 2011(O) ------------------------- AS.42/2007 of ADDL.DISTRICT COURT (ADHOC)-II, MANJERI OS.83/1998 of SUB COURT, MANJERI .................... PETITIONERS (S): -------------------- 1. MANGALAM ITTATHU GOVINDAN NAMBOOTHIRI, SON OF LATE NARAYANAN NAMBOOTHIRI, MANGALAM ILLAM, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. MANOJ NAMBOOTHIRI, SON OF GOVINDAN NAMBOOTHIRI, SON OF LATE NARAYANAN NAMBOOTHIRI, MANGALAM ILLAM, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 3. ARYA (NOW MAJOR), DAUGHTER OF GOVINDAN NAMBOOTHIRI, SON OF LATE NARAYANAN NAMBOOTHIRI, MANGALAM ILLAM, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 4. SAVITHRI ANTHARJANAM, WIFE OF GOVINDAN NAMBOOTHIRI, SON OF LATE NARAYANAN NAMBOOTHIRI, MANGALAM ILLAM, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAJESH KORMATH RESPONDENT(S): --------------- 1. KOLATHUR KOVILAKAM STHANI- KADANNAMANA KOVILAKATU- UNNIKKUNHI THAMBURATTI'S DAUGHTER UNNIKKUNHI ALIAS AMMU THAMBURATTI, KINAVUR KOVILAKAM, NEELESWARAM P.O., HOSDURG TALUK, KASARAGOD DISTRICT – 671314. 2. NARAYANAN NAMBOOTHIRI, SON OF LATE MANGALAM ILLATHU NARAYANAN NAMBOOTHIRI, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679338. OP(C)NO.4203/2011 2 3. RAMAN NAMBOOTHIRI,SON OF LATE MANGALAM ILLATHU NARAYANAN NAMBOOTHIRI, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679338. 4. JAYAKRISHNAN NAMBOOTHIRI, SON OF LATE MANGALAM ILLATHU NARAYANAN NAMBOOTHIRI, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679338. 5. AMMINI ANTHARJANAM, WIFE OF MANGALAM ILLATHU NARAYANAN NAMBOOTHIRI, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679338. 6. PARVATHI ANTHARJANAM, WIFE OF LATE RAMAN NAMBOOTHIRI, MANGALAM ILLAM, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT 679338. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.4203/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF PLAINT DATED 21.02.1997 IN OS. NO.83/1998 ON THE FILE OF THE COURT OF SUBORDINATE JUDGE OF MANJERI EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 5.12.1997 FILED BY THE PETITIONER AND RESPONDENTS 2 TO 6 IN OS NO.83/1998 ON THE FILE OF THE COURT OF SUBORDINATE JUDGE OF MANJERI EXT.P3 TRUE COPY OF THE JUDGMENT DATED 27.3.2007 IN OS NO.83/1998 ON THE FILE OF THE COURT OF SUBORDINATE JUDGE OF MANJERI EXT.P4 TRUE COPY OF THE JUDGMENT DATED 24.9.2011 IN AS NO.42/2007 ON THE FILE OF THE COURT OF ADDL. DISTRICT JUDGE (ADHOC-II), MANJERI. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4203 of 2011 -------------------------------------- Dated this the 20th day of December, 2011. JUDGMENT Petitioners are defendants in O.S.No.83 of 1998 of the court of learned Sub Judge, Manjeri and sufferred a decree for recovery of possession of the suit property. They preferred appeal as A.S.No.42 of 2007 but that appeal was dismissed by the learned Additional District Judge (Adhoc-II), Manjeri. 2. Though petitioners had raised a claim of tenancy in the suit property it is seen from the judgment that the claim of tenancy was negatived at various levels in independent proceedings which became final. 3. Prayer in this Original Petition is to direct learned Sub Judge, Manjeri to keep in abeyance execution proceedings in O.S.No.83 of 1998 for a period of two months or till such other period as found necessary by this Court. 4. Learned counsel contended that petitioners intend to challenge judgment and decree of learned Additional District Judge. It is also pointed that in paragraph 16 of the judgment learned Additional District Judge has permitted petitioners to remove the building in the suit property and for that purpose also some time is required. Learned counsel submitted that since counsel for petitioners in the execution proceeding is not available, it would take time to engage another counsel by terminating the engagement of the former counsel and make a request in the executing court. OP(C)No.4203/2011 2 5. Having regard to the circumstances brought out before me, I do not find reason to stay the execution proceeding. But if petitioners are desirous of getting some time to remove the building and if the decree permits them to do so, it is open to the petitioners to approach the executing court and request time to remove the building. If any such request is made the executing court shall consider that request and pass appropriate orders subject to appropriate conditions as may be necessary and as circumstances warranted after hearing the decree holder/s as well Original Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks