IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 27392 of 2008(J) --------------------------------- AGAINST THE ORDER IN EP 51/2008 IN OS.61/1985 of MUNSIFF COURT, KOTTARAKKARA .......................... PETITIONER : -------------------- MATHUNNI KOCHUMMAN, AGED 78, KANDATHIL VEEDU, INJAKKATTU MURI, MYLOM VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS: ----------------------- 1. VARGHESE GEORGEKUTTY, AGED 63, S/O. LATE VARGHESE, KANISSERIL VEEDU, INJAKKADU MURI, MYLAM VILLAGE, KOTARAKKARA, KOLLAM. 2. JOYKUTTY, KANISSERIL VEEDU, INJAKKADU MURI, MYLAM VILLAGE, KOTTARAKKARA, KOLLAM. ADV. SRI.K.K.JOHN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27392 of 2008 APPENDIX PETITIONER'S EXHIBITS: EXHBIT P1: TRUE PHOTOCOPY OF THE ORDER AND NOTICE DATED 19/08/2008 OF MUNSIFF'S COURT, KOTTARAKKARA. EXHBIT P2: TRUE PHOTOCOPY OF THE EXECUTION PETITION IN O.S. 61 OF 1985 OF MUNSIFF'S COURT, KOTTARAKKARA. /TRUE COPY/ P.A. TO JUDGE scm K.P. BALACHANDRAN, J. --------------------------------------- W.P(c) No. 27392 of 2008 ------------------------------ Dated this the 13th day of November, 2008 JUDGMENT Heard. Grievance of the petitioner is that delivery has been ordered without even Rule 22 notice vide Exhibit P1. Exhibit P2 is the copy of E.P and it shows that second appeal filed from the decree in the suit was dismissed only on 12/11/2007. There was no scope for Rule 22 notice. It is also submitted that petitioner has no residential occupation in the property and there is nothing wrong to order delivery of the decree schedule property even without notice and that too after disposal of R.S.A. However counsel for the respondent/decree holder submits that he has no objection to the petitioner filing objection to the E.P if any and the court below being directed to consider the objection and pass appropriate orders. In the result, I direct the petitioner to file objection, if any to the E.P positively within one week from today. If objection is filed within one week, the objection shall be considered by the Munsiff and he shall pass appropriate orders in the E.P considering the objection as well, if W.P(c) No. 27392 / 2008 2 filed. This writ petition is disposed of with the above direction. Petitioner is directed to produce copy of this judgment before the execution court, to enable the court to comply with the direction. K.P. BALACHANDRAN, JUDGE scm