IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 W.P(C).No. 33540 of 2008(P) -------------------------- OS.262/1997 OF MUSNIFF COURT,ADOOR .................... PETITIONER: ----------------- SANKARAN AYYAN, AGED 85 YEARS, EETTIVILA VEEDU,KALANJOOR P.O. ADDOOR TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.N.N.SASI RESPONDENT : ------------------------- OMANA, AGED 50 YEARS, CHARUVILA VEEDU MANCHALLOOR MURI, PATHANAPURAM. PRESENT ADDRESS:KONNELAYYATHU MELETHIL, KALANJOOR MURI, KALANJOOR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 33540 of 2008 ------------------------------ Dated this the 13th day of November, 2008 J U D G M E N T Petitioner is the first defendant in O.S. No.262 of 1997 on the file of Munsiff Court, Adoor. Exhibit P1 judgment passed ex parte in the said suit was set aside by Exhibit P3 judgment in A.S. No.166 of 2003. Consequently vide Exhibit P4 application, petitioner/first defendant moved for redelivery of the property, as in execution of the ex parte decree, the property in his possession had been delivered over to the decree holder. The court below has vide Exhibit P6 order directed that the said I.A. can be considered along with the suit. After the petitioner having been dispossessed in execution on the strength of Exhibit P1 ex parte decree, it is highly improper and inequitable to avoid redelivery being effected and to post the application for redelivery along with the suit. The learned Munsiff shall pass appropriate orders on Exhibit P4 application (I.A.No.818 of 2008) forthwith without posting the said I.A. to be heard along with the suit. Petitioner is directed to produce copy of this judgment before the learned Munsiff, Adoor forthwith for W.P(c) No. 33540/2008 2 compliance with copy to counsel appearing for the respondent/plaintiff in the court below. Writ petition is disposed of with the above direction. K.P. BALACHANDRAN, JUDGE scm