IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24851 of 2009(O) ------------------------------------- EP. NO.204/00 IN OS. 509/99 ON THE FILE OF THE MUNSIFF COURT, IRINJALAKUDA. .......... PETITIONER(S): ----------------------- JOY K.A., AGED 36, S/O.ANTHAPPAN, KAINADATHUPARAMBIL HOUSE, ALOOR VILLAGE-DESOM, MUKUNDAPURAM TALUK. BY ADV. MR.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN MR.RAVI K. (PARIYARATH) RESPONDENT(S): ------------------------- 1. JOSE, S/O.AREEKADAN CHAKUNNY, AREEKAD HOUSE, AALOOR VILLAGE DESOM, MUKUNDAPURAM TALUK-680 683. 2. ROSY, W/O.ANTHAPPAN, KAINADATHUPARAMBIL HOUSE, AALOOR VILLAGE DESOM, MUKUNDAPURAM TALUK-680 683. 3. JOHNSON, S/O.ANTHAPPAN, KAINADATHUPARAMBIL HOUSE, AALOOR VILLAGE DESOM, MUKUNDAPURAM TALUK-680 683. 4. SISTER JULAINA JOISY, D/O.ANTHAPPAN, KAINADATHUPARAMBIL HOUSE, AALOOR VILLAGE DESOM, MUKUNDAPURAM TALUK-680 683. 5. JANCY, D/O.ANTHAPPAN, KAINADATHUPARAMBIL HOUSE, AALOOR VILLAGE DESOM, MUKUNDAPURAM TALUK-680 683. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.24851 of 2009 - O --------------------------------- Dated this the 27th day of August, 2009 JUDGMENT Writ petition is filed seeking the following relief: “To issue an appropriate writ, order or direction commanding the learned Munsiff, Irinjalakkuda to first identify the property in terms of Ext.P2 and P3 and by excluding the 30.25 property in survey 1045/1 of the Aaloor village, to deliver only the remaining property, to the first respondent in the interest of justice.” 2. Petitioner is one among the judgment debtors in O.S.No.509 of 1999 on the file of the Munsiff court, Inrinjalakkuda, a suit in which a decree for money had been passed. Admittedly, two items of properties belonging to the judgment debtors had been brought to sale and confirmation of such sale is also over. Apprehension of the petitioner is that when delivery will be effected another property belonging to him comprising a residential building is also likely to be affected, if proper identification of the properties to be delivered over is not made. He moved an application for identification of the W.P.(C).No.24851 of 2009 - O 2 properties so as to get his property comprising a residential building excluded. Ext.P4 is the copy of the application to which decree holders filed objections. According to the petitioner, Ext.P4 application is still pending for enquiry before the execution court. Petitioner has filed the writ petition seeking the aforementioned reliefs invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the counsel for the petitioner. 4. Having regard to the submissions made and the facts and circumstances presented, I find no notice to the respondent is necessary and hence it is dispensed with. 5. It is open to the petitioner to invite the attention of the execution court the pendency of Ext.P4 application and seek for appropriate orders. This Court in exercise of its visitorial jurisdiction cannot be expected to nor is it proper and appropriate for this Court to examine the merit of the case canvassed by the petitioner as to whether the property comprising his residential building is liable or not, to be proceeded by the sale conducted in W.P.(C).No.24851 of 2009 - O 3 execution of the decree. Those are all matters to be considered by the execution court. Reserving the right of the petitioner to seek appropriate relief from the execution court, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-