IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 709 of 2010(O) ------------------------ AGAINST THE ORDER IN EP 74/08 IN OS.261/1995 of PRINCIPAL SUB COURT,ATTINGAL .................... PETITIONER(S): --------------- 1. RAMEEZA BEEVI, D/O.LATE RAHIYANATH BEEVI KUNNUVILA HOUSE, KURAKKANNI, VARKALA VILLAGE. 2. PATHUMMA BEEVI, D/O.LATE RAHIYANATH BEEVI, VILAYIL VEEDU, ODAYAM DESOM, EDAVA VILLAGE. 3. SALMA BEEVI, D/O.LATE RAHIYANATH BEEVI, SHAHITHA MANZIL, KURAKKANNI DESOM, VARKALA VILLAGE. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENT(S): --------------- 1. SHAHIDA, D/O.SUHARA BEEVI, HENAY COTTAGE, BOOTHAKKULAM VILLAGE NELLETTIL DESOM, FROM KUNNUVILA VEEDU KURAKKANNI DESOM, VARKALA VILLAGE. 2. SHAKILA, D/O.SUHARA BEEVI, ROSE VILLA, EDAVA DESOM, EDAVA VILLAGE FROM KUNNUVILA VEEDU, KURAKKANNI DESOM, VARKALA VILLAGE. 3. STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY GOVT.PLEADER SRI.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.709 OF 2010 (O) ----------------------------------- Dated this the 8th day of January, 2010 J U D G M E N T The writ petition is filed seeking mainly the following relief: i. to issue a writ of certiorari or other appropriate writ, order or direction, to call for the records relating to Ext.P1 (E.P.No.74/2008 in O.S.No.261/1995 on the file of Sub Court, Attingal) and to quash the procedure adopted by the Court to order delivery of property to respondents 1 and 2 without posting the case for evidence and hearing. 2. Petitioners are judgment debtors 1 to 3 in E.P.No.74 of 2008 in O.S.No.261 of 1995 on the file of the Sub Court, Attingal. Decree being executed is one passed in a suit for partition. The execution court has ordered for delivery of the property on 7.1.2010 and posted for report on 12.1.2010. WPC.709/10 2 Delivery could not be effected on 7.1.2010, according to the counsel, as there was some dispute as to the identification of the property to be delivered over, and the court has now appointed a Surveyor to identify the property and also ordered for police assistance to effect delivery. Objections raised by the petitioners to the course taken by the court for delivering the property have not been considered is the grievance espoused for invoking the writ jurisdiction of this Court for annulling the orders passed by the court as indicated above. 3. After hearing the counsel for the petitioners with reference to the statements made in the writ petition, I find the writ jurisdiction of this Court cannot be invoked for annulling orders passed by the execution court to deliver the property with the assistance of a surveyor and also police aid. The execution court is bound to give effect to the decree and if at all there is any dispute regarding the identity, needless to point out, it has to be determined by sending a competent authority which is capable to identify the decree schedule property. It appears, that alone was done by the execution WPC.709/10 3 court. There is no merit in the writ petition, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp