IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 28185 of 2009(O) -------------------------- AGAINST THE ORDER DATED 07/03/2009 IN IA 3379/1990 IN EP.200/08 IN OS.284/1986 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER(S): --------------- KUNJU, AGED 80 YEARS, S/O.LATE KITTA, RESIDING AT MATHUKULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): --------------- 1. VELAYUDHAN, S/O.KITTA, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 2. KELAN, S/O.KITTA, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 3. KAMALAM, W/O.LATE KUMARAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 4. MANI, S/O.LATE KUMARAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 5. KANCHANA, D/O.LATE KUMARAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 6. RAJAN, S/O.LATE KUMARAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 7. MANIKANDAN, S/O.LATE KUMARAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. WPC.28185/09 8. KARTHYAYANI, W/O.LATE PAZHANAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 9. SUMATHI, D/O.LATE PAZHANAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 10. PUSHPA, D/O.LATE PAZHANAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 11. USHA, D/O.LATE PAZHANAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 12. SUMESH, S/O.LATE PAZHANAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 13. SATHEESH, S/O.LATE PAZHANAN, KULANGARA HOUSE, MATHUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.28185 OF 2009 (O) ----------------------------------- Dated this the 7th day of October, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to set aside the order dated 7.3.2009 in E.P.No.200/2008 in I.A.No.3379/1990 in O.S.No.284/1986 of the Subordinate Judge, Palakkad and direct the court below to proceed with E.P.No.200/2008. 2. Petitioner is the 1st defendant in O.S.No.284 of 1986 on the file of the Sub Court, Palakkad. The above suit was one for partition. The execution petition filed by the petitioner was dismissed by the learned Sub Judge holding that it was time barred. Ext.P3 is that order. Propriety and correctness WPC.28185/09 2 of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. The learned counsel for the petitioner submitted that the present petition was filed in continuation of the previous execution petition filed earlier, which was dismissed for default. Whatever that be, if the petitioner has any such case, he should have canvassed that case before the execution court. On on the face of Ext.P3 order, I find no impropriety or illegality. The writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp