IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17430 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 137/08, EA 621/08 IN OS.998/1979 of I ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): --------------- NALINI,D/O.LATE SUBHASHINI, RESIDING AT VADAKKEVILAKATHU VEEDU, HAVING ALSO KATTAKKAL VEEDU,VELLAYANI, TRIVANDRUM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. THULASI,D/O.LATE SUBHASHINI, RESIDING AT KATTACKKAL VEEDU,VELLAYANI, UPANIYOOR DESOM,NEMON VILLAGE,THIRUVANANTHAPURAM. 2. RAJENDRAN,MUPPANVILAKOM,KULATHOOR, ATTIPRA,THIRUVANANTHAPURAM. 3. CHANDRASENAN,CLERK,DISTRICT CO-OPERATIVE BANK,FORT,THIRUVANANTHAPURAM. 4. REMADEVI,BEHIND PETROL PUMP, ULLOOR,THIRUVANANTHAPURAM. 5. SUMANGI,RESIDING AT KIZHAKKE MUNDAKKAL VEEDU,NEAR VELLAYANI TEMPLE,UPANIYOOR DESOM, NEMOM VILLAGE,THIRUVANANTHAPURAM. 6. SREEDHARAN,PEECHIVILAKATHU VEEDU, VAYAKKALATHU,ATTIPRA VILLAGE,TRIVANDRUM. 7. VIJAYAMMA,PEECHIVILAKATHU VEEDU, VAYAKKALATHU,ATTIPRA VILLAGE,THIRUVANANTHAPURAM. WPC.17430/09 8. SYAMALA,RESIDING MANACATTU VEEDU, VAYAKKALATHU,ATTIPRA VILLAGE,TRIVANDRUM. 9. SAJEEVKUMAR,SON OF SYAMALA, MANACATTU VEEDU,VAYAKKALATHU,ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 10. USHA,D/O.SYAMALA,MANACATTU VEEDU, VAYAKKALATHU,ATTIPRA VILLAGE,TRIVANDRUM. 11. AISHA,D/O.SYAMALA,MANACATTU VEEDU, VAYAKKALATHU,ATTIPRA VILLAGE,THIRUVANANTHAPURAM. 12. ROHINI,D/O.JANAKI,RESIDING AT SARASWATHY MANDIRAM,VAYAKKALATHU, ATTIPRA VILLAGE,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.17430 OF 2009 (O) ----------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T The writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: i. to set aside Ext.P2 order; ii. to allow Ext.P1 claim petition I.A.No.621/2009. Iii. to pass such other order or direction to the court below to consider Ext.P1 application afresh and in accordance with law and pass appropriate orders; iv. to issue such other order or direction as this Honourable Court deems fit to issue in the circumstances of the case. 2. The learned counsel for the petitioner submits that the writ petition has been filed by mistake and an appeal lies under the C.P.C against the impugned order. Counsel seeks for returning the writ petition for filing an appeal before the WPC.17430/09 2 proper forum, granting exemption for the period during which the petition was prosecuted before this Court, under Section 14 of the Limitation Act. The learned counsel makes a further request that some grace period may also be provided to prefer the appeal, during which, this Court may also pass an order directing adjournment of the delivery of execution. Having regard to the submissions made, the writ petition is dismissed reserving the right of the petitioner to prefer an appeal against the impugned order as provided by law. The period during which the petition was prosecuted before the court shall be taken note of by the court concerned to which the appeal is preferred in granting exemption as covered by Section 14 of the Limitation Act. The execution court shall keep in abeyance delivery of the property for a period of two weeks from the date of this judgment. S.S.SATHEESACHANDRAN JUDGE prp WPC.17430/09 3 S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009