IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7363 of 2010(O) ------------------------------------ OS.885/1960 of II ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): ---------------------- EDWIN.C.PEREIRA,S/O.PEREIRA, AGED 57 YEARS,T.C.32/2713,KAIRALI LANE,CHACKAI, THIRUVANANTHAPURAM DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): ------------------------ 1. SREEBALA,W/O.RAGHUVARAN NAIR,ANU BHAVAN, PANNAMCHUNDU,VITHURA.P.O,NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. 2. PRAMEELA,D/O.SARADAMMA,CHITHRALAYAM HOUSE,KOLLAMKAVU KODIPPURAM,VADAKKUM KARA MURI, KARUPUR VILLAGE,NADUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. 3. JAYACHANDRAN NAIR,S/O.BHASKARAN NAIR, SARADA BHAVAN,PANNAMCHUNDU,VITHURA.P.O, NEDUMANGAD TALUK,THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------------------- WP(C) No.7363 of 2010-O ------------------------------------- Dated 8th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution, all that the petitioner seeks is for a direction to the 2nd Additional Munsiff's Court, Thiruvananthapuram to take up EA No.74 of 2009 in EP No.359 of 2005 in OS No.885/60 and dispose of the same as expeditiously as possible. 2. EP No.359/05 in OS No.885/60 was filed by the petitioner for effecting delivery of plaint B and C schedule properties in accordance with the final decree. As per the order in the EP, the properties were ordered to be delivered on 21.2.2007. The properties were delivered and the husband of the first respondent signed the delivery kaichit. WPC 7363/10 2 3. The allegation is that on 18.03.2007, the respondents trespassed into the decree C schedule property. The matter was informed to the Police and a crime was registered. After the trespass, the respondents filed EA No.359/07, seeking a declaration that the decree in OS No.885/60 would not be binding on them. That EA was dismissed on 11.08.2008. Challenging the said order, the respondents filed WP(C) No.35882/08 before this Court, but the said Writ Petition was dismissed as withdrawn. Even thereafter, the petitioner submits, the respondents continued their highhanded action towards him. Therefore, on 20.01.2009, he filed EA No.74/09 in EP No.359/05 in OS No.885/60 seeking to evict the respondents from the Decree C schedule property. On 21.03.2009, the respondents filed counter affidavit in EA No.74/09 filed by the petitioner. After hearing both sides, the matter was posted for orders on 02.07.2009. Since the order was not ready, it was posted to 15.07.2009. Adjournments continued and ultimately the case has been WPC 7363/10 3 posted for orders on 25.03.2010. 4. Aggrieved by the delay in disposing of the EA, this Writ Petition is filed. Considering the facts and circumstances of the case, it is only just and proper that the EA be disposed of without delay. Accordingly, this Writ Petition is allowed, directing the 2nd Additional Munsiff's Court, Thiruvananthapuram to take up EA No.74/09 in EP No.359/05 in OS No.85/60 on file and dispose of the same in accordance with law within three weeks from today. P.BHAVADASAN, JUDGE sta WPC 7363/10 4