IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11773 of 2008(B) -------------------------- AGAINST THE ORDER IN EP.28/2006 IN OS.131/2002 of SUB COURT,KATTAPPANA .................... PETITIONER: ------------ THOMAS JOSEPH, ELAPPILIKKATTU HOUSE, KANCHIYAR KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ------------- 1. JOSEPH, S/O. MATHAI, MOOLAYIL HOUSE, LABBAKKADA BHAGOM, KANCHIYAR KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK. 2. JOSE THOMAS, S/O. THOMAS, THURUTHIKKARA HOUSE, LABBAKKADA BHAGOM, KANCHIYAR KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 11773 OF 2008-B = = = = = = = = = = = = = Dated this the 7th day of April, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T This writ petition is preferred against the order of the sub Court, Kattappana in E.A.No.304/2007 in E.P.No.28/2006. The petitioner is a stranger who has filed a claim petition and an application for issuance of a commission. The decree obtained is a charge decree. The learned counsel for the petitioner has taken through me the description of the property and boundaries in the decree as well as in the execution petition. There appears to be a lot change so far as the boundaries are concerned, in the decree schedule as well as in the execution petition. Therefore there is some force in the contention of the counsel for the claimant. I find that the court has not applied its mind depending on the boundaries of the property. Therefore I set aside the order passed by the court below and direct the court below to reconsider the application taking into consideration boundary and extent of the property shown in the decree as well as in the execution petition and also in the claim petition and pass orders W.P.(C).No. 11773 OF 2008-B 2 in accordance with law. There appears to be difference in survey numbers which has also be taken into consideration. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE bkn/-