IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 CRP.No. 255 of 2008() --------------------- AGAINST THE ORDER DATED 19/02/2008 IN EP.90/2007 IN OS.479/1979 of MUNSIFF COURT,MUVATTUPUZHA .................... REVN. PETITIONER: JUDGMENT DEBTORS 1,2,3,5/PETITIONERS ----------------------------- 1. JANAKI, W/O.LATE CHANDRAN, THOLKUDIYIL HOUSE, MARIKA KARA, PALAKUZHA VILLAGE, ERNAKULAM. 2. KUTTAPPAN, S/O.LATE CHANDRAN, THOLKUDIYIL HOUSE, MARIKA KARA, PALAKUZHA VILLAGE, ERNAKULAM. 3. MOHANAN, S/O.LATE CHANDRAN, THOLKUDIYIL HOUSE, MARIKA KARA, PALAKUZHA VILLAGE, ERNAKULAM. 4. SUNDARAN, S/O.LATE CHANDRAN, THOLKUDIYIL HOUSE, MARIKA KARA, PALAKUZHA VILLAGE, ERNAKULAM. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENTS: DECREE HOLDERS/JUDGMENT DEBTORS 4 & 6 -------------------------------- 1. LEELAMMA GEORGE, ENTHUMKACHALIL, ARIKUZHA KARA, MANAKKADU VILLAGE. 2. SOOSAMMA GEORGE, ENTHUMKACHALIL, ARIKUZHA KARA, MANAKKADU VILLAGE. 3. JOHN ABRAHAM, ENTHUMKACHALIL, ARIKUZHA KARA, MANAKKADU VILLAGE. 4. ISSAC ABRAHAM, ENTHUMKACHALIL, ARIKUZHA KARA, MANAKKADU VILLAGE. 5. MOLLY MATHEW, ENTHUMKACHALIL, ARIKUZHA KARA, MANAKKADU VILLAGE. CRP 255/2008 2 6. LILLY BABU, ENTHUMKACHALIL, ARIKUZHA KARA, MANAKKADU VILLAGE. 7. VARGHESE ABRAHAM, ENTHUMKACHALIL, ARIKUZHA KARA, MANAKKADU VILLAGE. 8. SUDHA, D/O.LATE CHANDRAN, THOLKUDIYIL HOUSE, MARIKA KARA, PALAKUZHA VILLAGE, ERNAKULAM. 9. SATHI, D/O.LATE CHANDRAN, THOLKUDIYIL HOUSE, MARIKA KARA, PALAKUZHA VILLAGE, ERNAKULAM. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP 255/2008 ORDER ON I.A. NO.729/08 IN CRP NO.255/2008 DISMISSED 17.3.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. ------------------------------------------- C.R.P.No.255 of 2008 ------------------------------------------- Dated this the 17th day of March, 2008 ORDER This revision is preferred against the order of the Munsiff, Muvattupuzha whereby he has directed delivery of the plot No.1 in the plan. The court also said that take delivery on 21.2.2008. 2. I had gone through the order passed by the learned Munsiff. What is sought to be executed is the decree passed in A.S.No.10/1992 of Subordinate Judges Court, Muvattupuzha. In a decree regarding immovable property the question of a succession certificate was raised which had been repelled by the court. Therefore, the only attempt is to protract and deprive the decree holders from getting possession of the property. This is a civil litigation which is pending for three decade and there must be a finality to the civil litigation. What is required by the decree holder is only the plot allotted to them to be delivered and nothing else. There cannot be any obstruction. There is no merit and therefore, the C.R.P. is dismissed. M.N.KRISHNAN, JUDGE csl