IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 462 of 2010(O) ------------------------ AGAINST THE ORDER IN EP.40/2005 IN OS.914/1983 of I ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S)/CLAIMANTS: ------------------------ 1. WILSMARY, MURIYARATHLATHEKKE PUTHEN VEEDU, CHERIYAKOLLA DESOM, KUNNATHUKAL. 2. S.SAJIKUMAR, MURIYARATHLATHEKKE PUTHEN VEEDU, CHERIYAKOLLA DESOM, KUNNATHUKAL. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.NISHA G.THARAMAL RESPONDENT(S)/DECREE HOLDER: ---------------------------- CHINNAPPAN NADAR, SON OF NJANAMUTHU NADAR, KIZHAKKEKKARAKKATTUVILA PUTHEN VEEDU, CHERIYAKOLLA DESOM, KUNNATHUKAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.462 OF 2010 (O) ----------------------------------- Dated this the 7th day of January, 2010 J U D G M E N T The writ petition is filed seeking mainly the following relief: i. to direct the I Additional Munsiff, Neyyattinkara not to proceed with E.P.No.40 of 2005 until Exts.P4 and P5 applications are considered on merits. 2. Petitioners, two in number, have filed Ext.P4 petition before the execution court setting forth a claim over the decree schedule property. Without considering that claim petition, the execution court is taking hasty steps in execution of the decree, is the grievance espoused for invoking the visitorial jurisdiction vested with this Court under Article 227 of the Constitution of India. WPC.462/10 2 2. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary, and hence, it is dispensed with. The court below is directed to consider and dispose of Ext.P4 claim petition in accordance with law. Subject to the above direction, the writ petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp