IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 16279 of 2009(O) --------------------------------------- OS.NO.219/2004 OF MUNSIFF COURT, VAIKOM. .................... PETITIONER: ------------------- MURALEEDHARAN P.P. PULLAMVELIL HOUSE, KOCHUKAVALA, VAIKOM P.O, KOTTAYAM DISTRICT. BY ADV. MR.P.P.JACOB. RESPONDENT: ---------------------- MAYALAKSHMI @ MAYABHADRAN, ELANJIMULLAM, KOCHUKAVALA,NADUVILA VILLAGE, VAIKOM, KOTTAYAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.16279 of 2009 - O --------------------------------- Dated this the 16th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following relief: “To issue a writ of mandamus or any other writ order or direction directing the Executing Court, Munsiff Court, Vaikom to issue copy of the order dated 5.6.2009 issued in Execution Petition in O.S.No.219/2004 and till such time the implementation of the order may be directed to be kept in abeyance.” 2. At the time when the petition was taken up for hearing, learned counsel appearing for the petitioner submitted that carbon copy of the order has already been issued by the court below and the writ petition has become infructuous. However, learned counsel submitted that reservation of the right of the petitioner to agitate the execution of the decree which is stated to have been executed in excess of what had been granted by the court may be protected while disposing of this writ petition. I make it clear that whatever right the petitioner has to W.P.(C).No.16279 of 2009 - O 2 challenge the execution of the decree as provided by law he is at liberty to pursue and the disposal of the writ petition will not stand in the way of exercising such right, if so available. Subject to the above observation this writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-