IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No.34486 of 2008 (E) --------------------------------- AGAINST THE ORDER IN EP.29/2008 IN OS.340/2006 of MUNSIFF COURT, PUNALUR .................... PETITIONER: --------------- KUNJELY, AGED 60 YEARS, D/O. PODIYAN, CHAVARUTHUNDIL HOUSE, KUNNIKODE, PATHANAPURAM, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT: ---------------- AYYAPPAN, AGED 65, KODAYAKKAL VEEDU, VADAKKOTTU MURI HOUSE, THANELOOR, PATHANAMTHITTA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.34486 of 2008 ------------------------------------------------ Dated this the 21st day of November, 2008 JUDGMENT Petitioner is the first judgment debtor in O.S.340/06 on the file of the Munsiff's Court, Punalur. The decree in the suit was passed against himself and defendants 2 and 3 granting the respondent mandatory injunction directing the defendants to vacate the scheduled building within a time limit. As the judgment debtors did not surrender vacant possession in compliance with the decree, Ext.P3 execution petition was filed in the court below to which it is submitted is Ext.P4 objection filed by the judgment debtors. They also filed petition in the court below as I.A.2049/08 (Ext.P1) to set aside the ex parte decree and I.A.2048/08 (Ext.P2) to condone the delay in filing the petition to set aside the ex parte decree. Ext.P6 petition was filed to advance hearing of I.A.2048/08 and I.A.2049/08. According to the learned counsel for the petitioner, no orders are passed on the advance petition and no W. P. C. No.34486 of 2008 -2- considered order is passed on Exts.P1 and P2 applications and before that the execution is being proceeded with and the execution court passed Ext.P5 order deputing Amin to effect delivery and the case is posted to 25/11/05 for report of delivery. Counsel asserts that delivery has not been effected till now and I propose to pass orders believing the said representation and giving the counsel to understand that this order shall not have any effect if delivery is effected by this time viz. 2.30 p.m. In case delivery is not already effected the delivery shall stand adjourned by two weeks. In the meanwhile, the learned Munsiff shall pass appropriate orders on Exts.P1 and P2 advancing the hearing to any convenient date on the application of the petitioner with a copy of this judgment and with notice to the respondent as this Writ Petition is being disposed of without notice to the respondent. This Writ Petition is disposed of with the above directions. Issue copy of this judgment to W. P. C. No.34486 of 2008 -3- the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-