IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15574 of 2010(O) -------------------------- AGAINST THE ORDER DATED 25/7/1984 IN EP.5/1994 IN OS.27/1981 of MUNSIFF COURT,VARKALA .................... PETITIONER: --------------- CHAVARUKAVU DEVAN, PANAMGOTTU CHAVARUKAVU TEMPLE, CHITTAYIKOTTU DESOM, NAVAIKULAM VILLAGE, REPRESENTED BY SOMAN, AGED 56 YEARS, S/O.AYYAPPAN, KOLETH PUTHEN VEETTIL, CHITTAYIKOTTU DESOM, NAVAIKULAM VILLAGE. (2ND ADDL.DECREE HOLDER). BY ADV. SRI.S.JIJI SRI.S.SURESH BOSE RESPONDENTS: --------------- 1. KUNJAN CHELLAPPAN, KATTI VEEDU, KUNNATHUPANAM NAVAYIKKULAM VILLAGE. 2. KUNJAN RAJAN CHAVARUVILA VEEDU, CHITTAYIKOTTU DESOM, NAVAYIKKULAM VILLAGE. 3. CHINNA ACHARI SWARY ACHARY, PUTHEN VEEDU, CHENNANCODE, CHEMMARUTHY VILLAGE. 4. SUBRAMANAYACHARI KRISHNAN ACHARY, VILAYIL VEEDU, CHICHAKASSERY, CHEMMARUTHY DESOM. 5. GAURIAMMA SAROJINI AMMA, DWARAKA MANDIRAM, MAVINMOODU, MULLARAMCODE DESOM, OTTOOR VILLAGE FROM KAVUVILA VEEDU, KAVALAYOOR DESOM, MANAMPOOR VILLAGE. 6. RAMAN NEELAMBI, THALAVILA VEEDU, CHITTAYIKODU, NAVAYIKULAM VILLAGE. 7. NARAYANAN KURUP RAGHAVA KURUP, AMBIKA VILASOM, CHITTAYIKODU, NAVAYIKULAM DESOM -DO- VILLAGE. 8. PADMANABHANACHARY RAJAPPANACHARY, T.C. 23/933, KUNNUMPURATHU VEEDU, VALIYASALA MURI, CHENGEZHASSERY, TRIVANDRUM. 9. MUTHUSWAMYACHARY VEERABHADRAN ACHARY, PUTHEN VILA PUTHEN VEEDU, CHENNANKODU, CHEMMARUTHY VILLAGE. 10. MUTHUSWAMI VASANTHA, KUNNUMPURATHU VEEDU, NJEKKAD, NARAYANAPURAM, OTTOOR VILLAGE. 11. LEKSHMANAN NATARAJAN, INDU BHAVAN, MAVINMOODU, CHEMMARUTHY VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.15574 of 2010 --------------------------------------- Dated this 21st day of May, 2010 JUDGMENT Petitioner is decree holder in E.P.No.5 of 1994 in O.S.No.27 of 1981 of the Munsiff's Court, Varkala. He has obtained a decree declaring his title and for recovery of possession of the suit property. The decree was passed on 25-07-1984 and the appeal and second appeal arising therefrom were dismissed. He filed E.P.No.5 of 1994 on 06-01-1994. In the meantime, the co-decree holders (plaintiff Nos.2 and 3) died and their legal representatives were impleaded as per order on E.A.No.2 of 2001. Grievance of petitioner is that though E.P was filed on 06-01-1994, it had not so far been disposed of and himself and legal representatives of the deceased decree holders are prevented from enjoying the fruit of the decree. He therefore prayed for an early disposal of E.P.No.5 of 1994. Having regard to the circumstances stated I direct learned Munsiff, Varkala executing the decree in O.S.No.27 of 1981 to dispose of E.P.No.5 of 1994 as expeditiously as possible. The writ petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-