IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).NO. 26829 OF 2010(O) ------------------------------------------ OS.708/1994 OF I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER(S): ---------------------- P.A. ALI, AGED 56, S/O.LATE PEEDIYEKKAL ABOOBACKER, HOUSE NO.44/715, LITTLE FLOWER CHURCH ROAD, KALOOR, KOCHI -17. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): ------------------------ 1. P.M. ZAINABA, AGED 70, W/O. LATE PEEDIYEKKAL ABOOBACKER, PUNNILATH VEEDU, NUMBIAPURAM, PALLURUTHY, KOCHI TALUK, 682 017. 2. PARIMALAKUMARI, AGED 60, D/O. LATE PEEDIYEKKAL ABOOBACKER, HOUSE NO.44/715, LITTLE FLOWER CHURCH ROAD, KALOOR, KOCHI – 682 017. 3. SARAMMA @ LAILA, AGED 48, DO. DO. DO. 4. MARY @ MARIYAMMA, AGED 45, DO. DO. DO. 5. RAZIA, DO. DO. DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) NO.26829 of 2010 ==================================== Dated this the 20th day of August, 2010 J U D G M E N T Petitioner is respondent No.2 in E.P. No.25 of 2008 in O.S.No.708 of 1994 of the court of learned Sub Judge, Ernakulam – a suit for partition filed by respondent No.1. In that case a preliminary decree was passed allotting 1/8 share to respondent No.1 which according to the learned counsel is the northern 1.718 cents. Respondent No.1 filed I.A. No.2705 of 1998 for passing final decree and in that proceeding an Advocate Commissioner was appointed who submitted report and plan suggesting that respondent No.1 is to be allotted plot having a length of 8.3 metres which according to the learned counsel is in front of building in the suit property allotted to other sharers. According to the learned counsel if such an allotment is made that will block right of access of other sharers to the said building. It is on that report that final decree was passed which petitioner challenged in A.S.No.62 of 2008 in the court of learned District Judge, Ernakulam. That appeal happened to be dismissed for default. W.P(C) No.26829 of 2010 -: 2 :- Thereon respondent No.1 filed Ext.P2, application for execution of the decree. On that application executing court ordered delivery of property to be made on 30.08.2010 and report on 31.08.2010. In the meantime application for restoration of the appeal dismissed for default comes up for hearing on 07.09.2010. Prayer of petitioner is that until 07.09.2010 proceeding for delivery of property may be kept in abeyance. Learned counsel contends that if final decree is executed it will cause irreparable injury and loss to the petitioner. 2. Having regard to the facts and circumstances of the case I direct that delivery of property as ordered in E.P. No.25 of 2008 in O.S. No.708 of 1994 of the court of the learned Additional Sub Judge, Ernakulam will stand in abeyance till 07.09.2010. Writ Petition is disposed of with above direction. THOMAS P. JOSEPH, JUDGE. vsv