IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 16324 of 2009(O) --------------------------------------- OS.NO.156/2007 OF SUB COURT, MANJERI. .................... PETITIONER: ------------------- ABDULLA, S/O. KALATHINGAL MUHAMMEDKUTTY HAJI, KADANNAMANNA AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADVS. MR.R.RAJESH KORMATH, MR.DEVIDAS.U.K. RESPONDENTS: ------------------------ 1. EDINA SUKUMARAN, W/O. LATE UPPARA PERUMBALIL SUKUMARAN, 'AISWARYA', ANGADIPPURAM AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. PAMEELA, W/O. LATE ALANGADAN BALAGOPALAN, 'AMBA NIVAS' KOLLENGODE AMSOM DESOM, PALAKKAD TALUK, PALAKKAD DISTRICT. 3. RAMKUMAR, S/O.LATE ALANGADAN BALAGOPALAN ,'AMBA NIVAS' KOLLENGODE AMSOM DESOM, PALAKKAD TALUK, PALKKAD DISTRICT. 4. LAKSHMI, D/O. LATE ALANGADAN BALAGOPALAN, AMBA NIVAS' KOLLENGOEDE AMSOM DESOM, PALAKKAD TALUK PALAKKAD DISTRICT. 5. SETHUMADHAVAN, S/O. CHERUKODE JANAKI AMMA, PERINTHALMANNA AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DIST. W.P.(C). NO.16324/2009-O: 6. SUBHADHRA AMMA,W/O.LATE MODANKUZHI, POTTANCHOLOYIL KRISHNANKUTTY NAIR, 'SOBHA NIVAS' MANNARKKAD AMSOM PERIMPADARI DESOM, MANNARKKAD TALUK, PALAKKAD DISTRICT. 7. KANCHANA, D/O. LATE MODANKUZHI- POTTANCHOLOYIL KRISHNANKUTTY NAIR, SASTHA ROAD, PALAKKAD-10. 8. MOHANAN, S/O. LATE MODANKUZHI- POTTANCHOLOYIL KRISHNANKUTTY NAIR, 'SOBHA NIVAS' MANNARKKAD AMSOM, PERIMAPADARI DESOM, MANNARKKAD TALUK, PALAKKAD DISTRICT. 9. SOBHA, D/O. LATE MODANKUZHI- POTTANCHOLOAYIL KRISHNANKUTTY NAIR, 'SOBHA NIVAS' MANNARKKAD AMSOM, PERIMPADARI DESOM, MANARKKAD TALUK, PALAKKAD DISTRICT. 10. KRISHNADAS, S/O. LATE MODANKUZHI- POTTANCHOLOYIL KRISHNANKUTTY NAIR, 'SOBHA NIVAS' MANNARKKAD AMSOM, PERIMPADARI DESOM, MANNARKKAD TALUK, PALAKKAD DISTRICT. 11. GOPAKUMAR,S/O. LATE MODANKUZHI- POTTANCHOLAYIL KRISHNANKUTTY NAIR, 'SOBHA NIVAS' MANNARKKAD AMSOM PERIMPADARI DESOM, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.16324 of 2009 - O --------------------------------- Dated this the 12th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “i) To direct the court of the Subordinate Judge of Manjeri to keep all further proceedings in E.P.No.51/2008 in O.S.No.88/2001 on the file of the said court in abeyance including the delivery of the property in E.P.No.51/2008 till O.S.No.156/2007 is tried and disposed of by the court of the Subordinate Judge of Manjeri. ii) To direct the court of the Subordinate Judge of Manjeri to try and dispose of O.S.No.156/2007 on the file of the said court within a time frame which this Honourable Court deems fit and proper. iii) In the alternative, direct the court of the Subordinate Judge of Manjeri to consider and pass orders in I.A.No.2173/2007 in O.S.No.156/2007 on the file of the said court and to keep all further proceedings in E.P.No.51/2008 in O.S.No.88/2001 on the file of the said court in abeyance including the delivery of property in E.P.No.51/2008 till orders are passed in I.A.No.2173/2007 in O.S.NO.156/2007.” W.P.(C).No.16324 of 2009 - O 2 2. The petitioner is the plaintiff in O.S.No.156/2007 on the file of the Sub Court, Manjeri. Suit was one for declaration that a decree obtained by the 2nd defendant as against defendants 1 and 3 to 6 in O.S.No.88/2001 of the Sub Court, Manjeri was vitiated by fraud and therefore liable to be set aside and for a specific performance of an agreement of sale over the scheduled property purported to have been entered by the 1st defendant in favour of the plaintiff, and for other reliefs. Admittedly, the execution of the agreement of sale by the 1st defendant was during the pendency of O.S.No.88/2001 in which the plaintiff therein, 1st respondent in the writ petition, sought for a decree of recovery of possession from the defendants on the strength of his title. A decree was passed in favour of the plaintiff in that suit and Ext.P5 is the copy of that judgment. The decree is now being executed as E.P.No.51/2008 before the sub Court, Manjeri. Petitioner has filed this writ petition seeking an order/direction from this Court to stay the proceedings of the execution from the decree in O.S.No.88/2001 till disposal of his suit O.S.No.156/2007 for the reliefs aforementioned. W.P.(C).No.16324 of 2009 - O 3 3. Having regard to the submissions made and the facts and circumstances presented and the materials produced in the writ petition, I find there is no merit in the writ petition and the supervisory jurisdiction of this Court cannot be invoked for resisting a validly obtained decree so as to prevent the decree holder from enjoying the fruits of the decree. The writ petition is devoid of any merit and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-