IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 37695 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 4260,4249/09 IN OS.232/2000 of PRINCIPAL SUB COURT,PARAVUR .................... PETITIONER/7TH DEFENDANT: ---------------------------- LATHA, AGED 36, W/O.CHANDRASEKHARAN, SARASWATHI NIVAS, PALAT P.O., KANNUR-14. BY ADV. MR.MANSOOR ALI K.A MR.JACOB GEORGE RESPONDENTS/PLAINTIFFS/DEFENDANTS: ------------------------------------ 1. THRESSIAMMA, W/O.BABU KURUVILA, INIKKAL, KUNDOOR, THIRUMUKKULAM, MUKUNDAPURAM. 2. NEENA, D/O.KURUVILA, DO. DO. 3. NIPSI, S/O.KURUVILA, DO. DO. 4. NIMMI, D/O.KURUVILA, DO. DO. 5. SHANMUGHAN CHETTIAR, S/O.PARAMESWARAN CHETTIAR, PARAKKETATH, KULASEKHARAMANGALAM, MUGHATHURUTH. 6. GIRIJA, W/O.SHANMUGHAN CHETTIAR, DO. DO. 7. HARIDAS C.K., HARINIVAS, PULLAMKULAM, KALATHIPARAMBU LANE, N.PARAVUR. 8. PUSHPAVATHY, HARINIVAS, 15/452, VALUMMEL, MATTUKKAL ROAD, EDAYAKUNNAM P.O., CHERANELLOOR. 9. BABY, C/O.HARIDAS, HARINIVAS, PULLAMKULAM, KALATHIPARAMBU LANE, N.PARAVUR. 10. RAMA, W/O.HARIDAS, KOKKRAT HOUSE, KAVUSSERRY, ALATHUR, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.37695 of 2009 - O --------------------------------- Dated this the 4th day of January, 2010 J U D G M E N T Writ petition is filed seeking the following reliefs: “i) To issue a direction to the Sub Court, North Paravur to consider and dispose I.A.No.4249/2009 and I.A.No.4260/2009 in O.S.No.232/2000 filed by the petitioner as early as possible within a time limit. ii) To issue a direction to the Sub Court, North Paravur to keep in abeyance all the further execution proceedings in E.P.No.127/2009 in O.S.No.232/2000 till Exts.P1 and P2 are considered.” 2. Petitioner is the 7th defendant in O.S.No.232 of 2000 on the file of the Sub Court, North Paravur. Suit is one for partition. After passing of the final decree, execution proceedings are now in progress. Petitioner/7th defendant who was set exparte during the trial of the case has now moved an application for setting aside the decree passed against her as exparte. Pending consideration of his application the execution be kept in abeyance is the grievance espoused in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. W.P.(C).No.37695 of 2009 - O 2 3. I heard the counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary and it is dispensed with. 4. Whatever be the ground available to the petitioner to seek for setting aside the decree passed against her exparte, I find the writ jurisdiction of this Court cannot be invoked for staying the execution of a decree rendered by the court after a full fledged trial. She had notice of the proceedings and in fact after appearance before the court petitioner was declared exparte. By filing a writ petition, petitioner now seeks to delay the execution of the decree granted in favour of the decree holder. I find no merit in the writ petition and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-