IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 OP(C).No. 2576 of 2011(O) -------------------------------------- (AGAINST THE ORDER DATED 13/07/2011 IN E.A.NO.66/2011 IN E.P.NO.184 OF 2010 IN OS.NO. 389/1987 of ADDL.SUB COURT,KOTTAYAM) .................... PETITIONER/ADDL.4TH JUDGMENT DEBTOR ------------------------------------------------------------------ JOJO,S/O JOSEPH,NILAPPANA,VALLASSERY KARA,KADUTHURUTHY,KOTTAYAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTORS ----------------------------------------------------------------------------------------------------------------- 1. JOSEPH JOSEPH @ VAVACHAN,NILAPPANA, VALLASSERY KARA,KADUTHURUTHY.P.O, KOTTAYAM-686 604. 2. P.J.NILAPPANA (PETER JOSEPH NILAPPANA), PUSHPAMANGALATH,VELLASSERY KARA,KADUTHURUTY.P.O, KOTTAYAM-686 604. 3. SABU,S/O.JOSEPH,NILAPPANA,VELLASSERY KARA,KADUTHURUTHY.P.O,KOTTAYAM-686 604. 4. SHAJI,S/O.JOSEPH,NILAPPANA,VELLASSERY KARA,KADUTHURUTHY.P.O,KOTTYAM-686 604. 5. PRABHA,D/O.JOSEPH,NILAPPANA,NILAPPANA, VELLASSERY KARA,KADUTHURUTHY,NOW RESIDING AT EVENAZER COTTAGE,TC NO.13/118311,HOUSE NO.4, MANTHOPPIL,KANNAMMOOLA.P.O,THIRUVANANTHAPURAM, PIN-695 030. 6. REJI,D/O.JOSEPH,NILAPPANA,VELLASSERY KARA,KADUTHURUTHY.P.O,KOTTAYAM-686 604. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.2576/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE E.A.NO.66 OF 2011 DATED 19/1/2011. P2 COPY OF THE ORDER IN E.A.NO.66 OF 2011 DATED 13/07/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2576 of 2011 ==================================== Dated this the 05th day of August, 2011 J U D G M E N T The 4th judgment debtor in E.P. No.184 of 2010 in O.S. No.389 of 1987 of the court of learned Additional Sub Judge, Kottayam is the petitioner before me challenging Ext.P2, order on E.A. No.66 of 2010 in E.P. No.184 of 2010 in the said suit seeking to stop delivery proceedings for the reason that preliminary and final decrees were passed without notice to him. Executing court found that the said claim of petitioner is not correct and dismissed the application. Hence this Original Petition. Learned counsel submitted that as per instructions given to him, petitioner was not served with notice in any of the proceedings. 2. Preliminary decree for partition was passed on a counter claim (as the learned counsel submits) against the first defendant. He later died and his legal representatives including petitioner were impleaded in the case. Executing court observed that estate of the deceased is substantially represented by the other legal representatives if at all petitioner was not served. It is also pointed out that version of petitioner that he did not get O.P(C) No.2576 of 2011 -: 2 :- information in the proceedings is not correct in that, second respondent-decree holder produced a copy of Vakalath filed for petitioner in the trial court which was seen executed in the Office of the Counselor Officer, Embassy of Kuwait on 18.02.2005. Petitioner was working in that country at that time. According to learned counsel instruction given to him is that there was some collusion in obtaining the said Vakalath. I do not find reason to think so. It is seen from the order of the executing court that the reason stated by the petitioner is incorrect. If that be so petitioner cannot claim stoppage of proceeding in a suit filed in the year 1987. Original Petition fails. It is dismissed. THOMAS P. JOSEPH, JUDGE. vsv