IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).NO. 6565 OF 2010(O) --------------------------------------- OS.806/2009 OF PRL.M.C.,NEYYATTINKARA .................... PETITIONER(S): ----------------------- N.K.PANKAJAN, AGED 70 YEARS W/O.LATE PARAMESWARAN,THEKKUMKANDATH VILAKATH PURAYIDAM, KANICHAMKODE, VAZHUTHOOR, NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.ASHOKAN THAZHE VEETTIL SRI.N.P.PRAJEESH RESPONDENT(S): -------------------------- P.K.AJITH KUMAR,S/O.LATE PARAMESWARAN SREE NILAYAM, BRAHMAMCODU, PATHAMKALLU, ATHIYANNUR VILLAGE, NEYYATTINKARA TALUK THIRUVANANTHAPURAM DISTRICT ADV. SRI.RAM MOHAN.G. FOR R SRI.G.P.SHINOD FOR R SRI.MANU V. FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE RENT DEED DATED 3.2.2007. EXHIBIT P2 TRUE COPY OF THE RENT DEED DATED 7.1.2010. EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S. NO.806 OF 2009 DATED 4.10.2009. EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 12.1.2010. EXHIBIT P5 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P(C) NO.1364 OF 2010 DATED 15.1.2010. EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 15.2.2010. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== W.P(C) No.6565 of 2010 ==================================== Dated this the 24th day of June, 2010 J U D G M E N T Petitioner, mother, by way of final decree in O.S. No.402 of 1995 got absolute right, title and interest over an extent of one cent and a building situated therein. She sought execution of the decree. While so her son, respondent herein approached the executing court with E.A. No.170 of 2008 claiming that as per assignment deed executed by petitioner-mother he got right, title and interest over the said one cent and sought execution of the one cent and building situated therein. That was objected by petitioner stating that the assignment deed relied on by respondent is fraudulently created. She filed O.S. No.806 of 2009 against respondent to set aside the assignment deed and seeking consequential reliefs. That suit is pending. Since the executing court did not dispose of I.A.No.170 of 2008 petitioner approached this Court in W.P(C) No.1364 of 2010. This Court as per judgment dated 15.01.2010 disposed of the Writ Petition reserving right of petitioner to move appropriate application in O.S. No.806 of 2009. Accordingly petitioner preferred Ext.P6, application for W.P(C) No.6565 of 2010 -: 2 :- stay of execution of decree in O.S. No.402 of 1995 at the instance of respondent who claimed right over the one cent as per the impugned assignment deed. Grievance of petitioner is that the said application is not disposed of so far. Learned counsel states that petitioner also filed an application to transfer O.S. No.806 of 2009 to the court which passed the decree in O.S. No.402 of 1995. That application for transfer is posted to this day. I have heard learned counsel for respondent also who maintained that respondent has sought execution of the decree in O.S. No.402 of 1995 as per assignment deed executed by the petitioner-mother. 2. What is required in this petition is a direction to the learned Munsiff to dispose of Ext.P6, application. Having regard to the facts and circumstances I am inclined to issue the direction. Hence I direct court below to dispose of Ext.P6, application at the earliest. Writ Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv