IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 16780 of 2009(O) -------------------------- OS.1604/1998 of PRL.MUNSIFF'S COURT, ERNAKULAM .................... PETITIONER(S): ------------------------ PETER,AGED 71 YEARS, S/O. ALEXANDER, THENAMPARAMBIL HOUSE, KARSHAKA ROAD, COCHIN - 16. BY ADVS. MR.BABU CHERUKARA, MR.ANZAR BASHEER RESPONDENT(S): --------------------------- 1. XAVIER,S/O.JOSEPH, THENAMPARAMBIL HOUSE, KARSHAKA ROAD,ERNAKULAM VILLAGE, KANAYANNUR TALUK. 2. MARTIN,S/O.ALEXANDER, THENAMPARAMBIL HOUSE,KARSHAKA ROAD,ERNAKULAM VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.16780 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs: 1.To direct the Principal Munsiff's Court, Ernakulam to keep in abeyance all the further execution proceedings as per Ext.P9 E.P. during the pendency of Ext.P13 petition to set aside the ex parte final judgment and decree and also Ext.P14 petition to condone the delay. 2. To issue any other orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and also those are prayed during the pendency of the Writ Petition. 2. Petitioner has filed a petition for setting aside the final decree passed against him in a suit for partition ex parte with a petition to condone such delay. Ext.P13 is the copy of the application filed by him for setting aside the ex parte decree and Ext.P14 is the copy of the application for condoning the delay of 1876 days in preferring Ext.P13 application. Till those applications are considered on merits and disposed petitioner seeks stay of the execution proceedings based on the final decree passed on the suit. 3. Having regard to the submissions made and taking note of W.P.C.No.16780/09 - 2 - the facts and circumstances presented, I find, the supervisory jurisdiction vested with this court cannot be invoked for the reliefs claimed in the present petition. From the submissions made, it is seen that the petitioner has already appeared in the execution proceedings and it appears, the filing of applications, Exts.P13 and P14, are the last ditch efforts to stall the delivery of the properties in consonance with the decree passed by the court. The Writ Petition is devoid of any merit and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE