IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 2025 of 2008(N) ------------------------- AGAINST THE ORDER DATED / / IN EP 36/01 IN OS.47/1998 of MUN-MAGI COURT, PARAVOOR .................... PETITIONER: ------------ 1. LEELAMANI AMMA, W/O LATE VISWANATHA KURUP, VADAKKETHUNDIL VEEDU, PARAMBIKONATHUCHERY, ELAMKULAM, KALLUVATHUKKAL, KOLLAM DISTRICT. 2. ARUN.V., S/O LATE VISWANATHA KURUP, VADAKKETHUNDIL VEEDU, PARAMBIKONATHUCHERY, ELAMKULAM, KALLUVATHUKKAL, KOLLAM DISTRICT. 3. ANEESH, S/O LATE VISWANATHA KURUP, VADAKKETHUNDIL VEEDU, PARAMBIKONATHUCHERY, ELAMKULAM, KALLUVATHUKKAL, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ------------- 1. S.SAJEEV, S/O SANKU, LIYA VILLA, KOTTAKKERATHUCHERY, ELAMKULAM, KALLUVATHUKKAL, KOLLAM. 2. GOPINATHAN, S/O MADHAVAN, SHERLY BHAVAN, JAWAHAR JUNCTION, KADAMPATTUKONAMCHERY, PARIPPALLY, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------- WP(C) No. 2025 of 2008 --------------------------------- Dated, this the 16th day of January, 2008 J U D G M E N T This writ petition is preferred against the order of the Munsiff Magistrate, Paravur in E.P.36/01 in O.S.47/98. The decree in O.S.47/98 was put in execution. The contention was raised in the light of the decree in O.S.81/98, the decree in O.S.47/98 has become un-executable. O.S.81/98 had been decreed by the trial court holding that it is not binding on the plaintiff therein. Against that decision, the present execution petitioner had preferred an appeal, which is pending consideration before the District Court, Kollam as A.S.147/07. He has also filed an application therein for stay of the decree passed in the suit. But it is submitted by the learned counsel that on account of the non-availability of the Presiding Officer, he was not in a position to get the order from the District Court. Whatever it may be at the time of disposal of the execution petition, there was no stay from the competent court, so I do not find fault with the court in dismissing it, but the observation made by the court that no appeal has been preferred is absolutely incorrect. So whatever it may be, I dispose of the writ petition with liberty to the writ petitioner herein to file a fresh WP(C) No. 2025/2008 -2- execution petition as and when the decree in O.S.47/98, according to him become executable, but I make it clear that the same has to be filed within the statutory period of 12 years from execution of the decree or as permitted by law. This writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) jg