IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28049 of 2008(L) -------------------------- AS.303/2008 of D.C. & SESSIONS COURT, ERNAKULAM OS.696/2003 of PRL. MUNSIFF COURT,ERNAKULAM (EP 322/2008) .................... PETITIONERS: 1. RAJAMMA, W/O.GOPI, AGED 61 YEARS, BHAGAVATHY BHAVAN, THEOSOPHICAL SOCIETY, KOCHI-16. 2. P.GOPI, S/O.SANKARANKUTTY MENON, AGED 65 YEARS, BHAGAVATHY BHAVAN THEOSOPHICAL SOCIETY, KOCHI-16. 3. RAVI, S/O.GOPI, 39 YEARS BHAGAVATHY BHAVAN, THEOSOPHICAL SOCIETY, KOCHI-16. 4. RAJU, S/O.GOPI, AGED 41 YEARS, BHAGAVATHY BHAVAN, THEOSOPHICAL SOCIETY, KOCHI-16. BY ADV. SRI.JOHN VIPIN SRI.DENY JOSEPH RESPONDENTS: 1. SREE SANKARA, THEOSOPHICAL SOCIETY OLD THEVARA ROAD, ERNAKULAM. REP. BY MANAGER, M.S.UNNIKRISHNAN, AGED 42 YEARS ADVOCATE, MARGET, VENNALA, TO REPRESENT THE SOCIETY AS PER THE SCHEME DECREE IN SOCIETY O.P.NO. 126/1973. 2. STATE OF KERALA, REP. BY DISTRICT COLLECTOR ERNAKULAM, KAKKANAD, KOCHI-30. BY ADV. SMT. BINDHU R, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 28049 of 2008 ========================== Dated this the 23rd day of September, 2008. JUDGMENT Heard both sides. 2. The petitioners who were the defendants in a suit filed O.S. No. 696 of 2003 before the Munsiff's Court, Ernakulam seeking recovery of possession of the plaint schedule building and land, seek a writ of certiorari or other direction quashing Ext.P3 order passed by the Executing Court ordering delivery of the property and for a stay of all proceedings in execution till the final disposal of Ext.P2 appeal preferred against the ex parte decree passed on 15.09.2004. 3. The learned counsel appearing for the 1st respondent submits that the petitioner did not even file a petition under Order 9 Rule 13 C.P.C for setting aside the ex parte decree and he had vacated the plaint schedule building and it is after four years that they filed an appeal against the ex parte decree and has sought for a stay of all further proceedings in execution. W.P.(C) NO. 28049/2008 : 2: 4. I am not inclined to grant the second relief prayed for by the petitioner. This writ petition is accordingly disposed of directing the District Court, Ernakulam to hear and dispose of I.A.No. 6116 of 2008 and in case the delay is condoned to dispose of the appeal thereafter on merits. Dated this the 23rd day of September, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) NO. 28049/2008 : 3: