IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 OP(C).No. 3665 of 2011(O) -------------------- E.A.253/2011 IN EP.42/2007 of SUB COURT, TIRUR ................ PETITIONER: ------------------- VILLATHEYIL SHEKARAN, S/O.KUNJHAN, KUTTIPPALA AMSOM, NADUVATTOM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): ------------------------- 1. SRI.GOKULAM CHITS AND FINANCE CO.PVT.LTD NO.49 ARCOT ROAD, KODAMBAKKAM, CHENNAI-24. 2. M.A.HAROON, S/O.A.KAREEM, KUTTIPPALA AMSOM, NADUVATTOM DESOM, SHUKAPURAM (PO), PONNANI TALUK, MALAPPURAM DISTRICT, PIN-679 577. 3. HALEEMA HAROON, W/O.M.A.HAROON, KUTTIPPALA AMSOM, NADUVATTOM DESOM, SHUKAPURAM (PO), PONNANI TALUK, MALAPPURAM DISTRICT, PIN-679 577. 4. THERAYIL PRASAD, S/O.KUNJUNNI, KUTTIPPALA AMSOM, KALADITHARA DESOM, PONNANI TALUK, MALAPPURAM DISTRICT, PIN-679 577. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP(C).No. 3665 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- A TRUE COPY OF THE DECREE IN O.S.135/2004 BEFORE THE SUB COURT TIRUR DATED 23.02.2006. EXHIBIT P2- A TYPED COPY OF THE ORDER IN E.A.230/2011 IN E.P.42/2007 BEFORE THE SUB COURT TIRUR DATED 07.06.2011. EXHIBIT P3- A TRUE COPY OF THE CLAIM PETITION DATED 13.06.2011 IN E.A.252/2011 IN E.P.42/2007 BEFORE THE SUB COURT TIRUR. EXHIBIT P4- A TRUE COPY OF THE APPLICATION FOR STAY AS E.A.253/2011 IN E.P.42/2007 BEFORE THE SUB COURT TIRUR. EXHIBIT P5- A TRUE COPY OF THE E.A.251/2011 IN E.P.42/2011 BEFORE THE SUB COURT TIRUR DATED 13.06.2011. EXHIBIT P6- A TYPED COPY OF THE ORDER DATED 16.06.2011 IN E.A.253/2011 IN E.P.42/2011 BEFORE THE SUB COURT TIRUR. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3665 of 2011 --------------------------------------- Dated this 11th day of November, 2011 JUDGMENT Petitioner filed E.A.No.253 of 2011 under Order XXI Rule 97 of the Code of Civil Procedure (for short, "the Code”) in E.P.No.42 of 2007 of the Court of learned Sub Judge, Tirur where an arbitration award in favour of the first respondent is being executed. The property was sold in execution and purchased by the fourth respondent. At that stage, petitioner came with E.A.No.253 of 2011 claiming right over the property as per a decree dated 23.02.1996 in O.S.No.135 of 2004 of the Court of learned Sub Judge, Tirur. The claim was adjudicated and rejected by the learned Sub Judge. Grievance of petitioner is that though he has applied for a copy of the order, he is yet to receive it and in the meantime, learned Sub Judge has ordered delivery of property to be effected on 15.11.2011. The prayer in this petition is to direct learned Sub Judge issue a copy of the order and in the meantime keep the said proceeding in abeyance. O.P(C).No.3665 of 2011 -: 2 :- 2. Learned counsel submitted that petitioner is not a party in E.P.No.42 of 2007 and that even before sale in favour of the fourth respondent, petitioner got right over the property as per decree dated 23.02.2006. If before petitioner challenges the impugned order in appeal delivery is effected, petitioner will be put to loss and injury. 3. Having heard learned counsel I am inclined to grant some relief to the petitioner. Resultantly this original petition is disposed of as follows: (i) Learned Sub Judge, Tirur is directed to issue a copy of order on E.A.No.253 of 2011 in E.P.No.42 of 2007 to the petitioner, if applied for on usual terms as early as possible, at any rate within three weeks from the date of a copy of this judgment. (ii) It is directed that delivery of property in E.P.No.42 of 2007 will stand adjourned to a day after five (5) days from the date notified for delivery of a copy of the order as above stated. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-