IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14048 of 2009(O) -------------------------- AGAINST THE ORDER IN EP.210/2008 IN OS.231/2002 of PRL.MUNSIFF'S COURT,KOCHI .................... PETITIONER(S): ------------------------- AZEEZ, AGED 54, S/O. ABOO, KODIKUTHUPARAMBIL HOUSE, C.C. 5/451, MATTANCHERRY, COCHIN -2. BY ADV. MR.V.N.VASANTH KUMAR RESPONDENT(S): --------------------------- 1. THE VICAR, ST. GEORGE ORTHODOX SYRIAN CHURCH, MATTANCHERRY, KOCHI. 2. KAIKARAN, ST. GEORGE ORTHODOX SYRIAN CHURCH, MATTANCHERRY, KOCHI-2. 3. T.V. THOMAS, AGED 90, THOZHUPADAN HOUSE, C.C. VYTTILA, KOCHI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON 01/06/2009 DELIVERED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14048 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 1st June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs: 1. To direct the court below to dispose the Exhibit P4 and P5 expeditiously as possible. 2. To stay the E.P.No.210/2008 in O.S.No.231/2008 and order of delivery dated 7.4.2009 which adjourned to 25.5.2009 till the disposal of Exhibit P4 and P5 I.As. 3. Such other relief as this Honourable Court deem fit and proper to grant in the nature and circumstances of the case. Petitioner is stated to the 2nd defendant in O.S.No.231/02 on the file of Munsiff's Court, Kochi in which he suffered an ex parte decree. He has moved an application for setting aside the ex parte decree (copy of which is produced as Ext.P4) with a petition to stay the operation of the decree (copy of which is produced as Ext.P5), but, without considering those applications, execution on the basis of the ex parte decree is proceeded with, is the grievance canvassed for invoking the extraordinary supervisory jurisdiction of this court under Article 227 of the Constitution to direct the learned Munsiff to decide the petitions and, then, to proceed with the execution. W.P.C.No.14048/09 - 2 - 2. I heard the learned counsel for the petitioner. From the submissions made and also the statements set out in the Writ Petition, it appears, the suit was one for arrears of rent in respect of a structure occupied by the third respondent over which he set up a kudikidappu right. Though a reference was made to the Land Tribunal, it seems, the reference was later closed. The case advanced by the petitioner is that the third defendant who claimed kudikidappu assigned his right in favour of the first defendant, his brother, and when he left for Dubai, for consideration received, 2nd defendant assigned his rights over the structure in his favour. He did not contest the suit since he bonafide believed that the third respondent would defend the suit on behalf of all the defendants, is the explanation offered how an ex parte decree happened to be passed in the suit. I do not want to make any comment or observation on the merit of the application put in by the petitioner to set aside the ex parte decree which remain to be considered by the learned Munsiff. Having regard to the submissions made and the facts and circumstances presented, I find this is not a fit case warranting invocation of the extraordinary supervisory jurisdiction of this court under Article 227 of the W.P.C.No.14048/09 - 3 - Constitution of India. The Writ Petition is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE