IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 18607 of 2008(M) -------------------------- AGAINST THE ORDER IN EP 3/08 IN OS.200/2006 of MUNSIF COURT, KANJIRAPPALLY .................... PETITIONER: ------------ 1. GOPALAKRISHNAN, BHARATHESWARAM, CHIEF ENGINEER (RTD), P.W.D., GOKUL ROAD, IST BOX HUNSUR, 571105. BY ADV. SRI.SURAJ.S RESPONDENTS: ------------- 1. V. RATHNA BHAI, T.C.8/1802, BHARATHESWARAM HOUSE, THIRUMALA, TRIVANDRUM. 2. SARASA DAMODAR, 217 COWTY BROWN ROAD, R.S.PURAM -2, COIMBATORE. 3. R.RADHAMANI, T.C.8/1802, BHARATHESWARM HOUSE, THIRUMALA, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.18607 of 2008 ------------------------------- Dated this the 25th June, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India to set aside Ext.P6 order and to direct the Executing Court to pass appropriate orders in Ext.P4 petition. 2. The learned counsel appearing for the petitioner submitted that Ext.P4 petition was subsequently dismissed by the learned Munsiff yesterday, and petitioner is intending to file an appeal challenging that order. Under Ext.P6 order, Executing court directed delivery of the property, as provided under the decree. Executing court is bound to execute the decree. I do not find any illegality or irregularity in Ext.P6 order. The reasons stated in the petition was existence of Ext.P4 petition. In view of the dismissal of Ext.P4 petition, Ext.P6 order cannot be challenged on that ground. In such circumstances, the petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.