IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 33311 of 2008(N) -------------------------- E.A. NO.22/08 IN E.P. NO.11/07 IN O.S. NO.289/2000 OF MUNSIFF'S COURT, PEERUMEDU. .................... PETITIONER: --------------- XAVIER, H/O.MALAR, R/AT.ARNACKAL DIVISION ARNACKAL ESTATE, MANJUMALA VILLAGE. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.JOMON K. CHACKO RESPONDENT: ---------------- MIDLAND RUBBER AND PRODUCE COMPANY LTD., REGISTERED OFFICE, W-21/674 BEACH ROAD, ALAPPUZHA-12. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.33311 of 2008 N -------------------------- JUDGMENT Petitioner is the second judgment debtor in O.S.No.289/00 on the file of the Munsiff's Court, Peerumedu. The prayer in this writ petition is to set aside Exhibit P7 order on E.A.No.22/08 in E.P. No.11/07 in O.S.No.289/00 on the file of the Munsiff's Court, Peerumedu and to allow Exhibit P5 commission application to ascertain the details prayed for therein. Exhibit P5 commission application was filed on the ground that the decree schedule property is puramboke land belonging to the Government and the details about the same have to be ascertained. The very same contention was advanced by the judgment debtor in the written statement filed in O.S.No.289/00 aforesaid and vide Exhibit P2 judgment the contentions were repelled and the suit was decreed. It is submitted that no appeal is filed from Exhibit P2 judgment and the said judgment has become final. Hence, the WPC 33311/08 2 contention that the decree schedule property is Government land is not a contention that lies in the mouth of the judgment debtor on the execution side. Exhibit P5 commission application was being rightly dismissed by the court below vide Exhibit P7 order. There is no merit in this writ petition assailing Exhibit P7 order. In the result, I dismiss this writ petition. 12th November, 2008 (K.P.Balachandran, Judge) tkv