IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 23939 of 2010(O) -------------------------- OS.229/1999 of MUNSIFF'S COURT, NORTH PARAVUR .................... PETITIONER(S): ------------------------ M.B.LAJI, D/O. BALAKRISHNAN, MUDAKKARAPPILLI VEETTIL, MANJUMMAL KARA, ELOOR VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SRI.C.S.MANU, SRI.S.K.PREMRAJ. RESPONDENT(S): --------------------------- NARAYANAN, S/O. VELU, MUDAKKARAPPILLI VEETTIL, MANJUMMAL KARA, ELOOR VILLAGE, PARAVUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ------------------------- W.P (C) No.23939 of 2010 -------------------------- Dated this the 30th day of July, 2010 J U D G M E N T This writ petition is filed by the judgment debtor in E.P.No.24 of 2009 in O.S.No.229 of 1999 of the court of learned Munsiff, North Paravur. Petitioner and other judgment debtors have suffered a preliminary and final decrees in the suit for partition. Petitioner and others filed appeals challenging those decrees but those appeals were dismissed for default, against which restoration applications are filed and are pending. When those restoration applications came up for hearing on 19-07-2010 counsel on both sides represented that there is possibility of the matter being settled amicably between the parties. Thereon, appellate court posted the applications for restoration on 07-09-2010. In the meantime respondent obtained an order for delivery of property in E.P.No.24 of 2009. Executing court posted the case on 27-07-2010 for delivery. Learned counsel states that delivery could not be effected that day. Thereon, respondent sought police assistance for effecting delivery. That application was objected by petitioner vide Ext.P2. But on 28-07-2010 executing court allowed the application and ordered delivery with police assistance. Learned counsel states that there is every possibility of the matter being settled and W.P.C.No.23939 of 2010 : 2 : what is required is only some time to negotiate and settle the whole dispute. If in the meantime property is delivered petitioner will be put to irreparable loss and injury. In the circumstance request is made to keep delivery proceedings in abeyance. 2. Having regard to the facts and circumstances of the case placed before me by the learned counsel and since it is pointed out that there is possibility of settlement between the parties I am inclined to direct that proceedings for delivery of the property will stand in abeyance for a period of three weeks. Resultantly this writ petition is disposed of in the following lines: (i) Delivery of property in E.P.No.24 of 2009 in O.S.No.229 of 1999 of the court of learned Munsiff, North Paravur will stand in abeyance for a period of three weeks from this day. (ii) If no settlement is arrived at by the parties during the said period and if delivery is not prevented by any superior court, it will be open to the executing court to proceed with execution on expiry of the said period of three weeks. THOMAS P JOSEPH JUDGE Sbna/