IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 25986 of 2009(O) --------------------------------------- OS.261/1981 of I ADDL.SUB COURT, KOZHIKODE .................... PETITIONER(S): ------------------------- MRS.MEENA S.RAMANATHAN, W/O.RAMANATHAN, RESIDING AT KASABA AMSOM, DESOM, KOZHIKODE. BY ADVS.MR.K.JAYAKUMAR MR.P.B.KRISHNAN MR.R.SURAJ KUMAR SMT.GEETHA P.MENON MR.P.M.NEELAKANDAN RESPONDENT(S): -------------------------- 1. P.RATHNA GANDHI, S/O.UNNEERI, "SEENA", NADUVUILKANDI PARAMBA, KOTTOOLI AMSOM AND DESOM, KOZHIKODE TALUK. 2. K.P.SHOBHANA, W/O.KORUKUTTY, NAGARAM AMSOM DESOM, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.25986 OF 2009 -------------------------- Dated this the 24th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a direction directing the Subordinate Judge, Kozhikode to implement Ext.P1 order forthwith (which has become final) by deputing an Amin and assisted by the Circle Inspector of Police, Kozhikode and deliver physical possession of rooms 104,105, 108 to 116 and 118 of Kerala Bhavan Lodge, Kozhikode (part of A schedule to the preliminary decree in O.S No.261 of 1981) from respondent No.2 to the petitioner herein. ii) Pass an interim order directing the Subordinate Judge, Kozhikode to pass an order for delivery with police aid as prayed for in I.A No.3254 of 2002 in I.A No.864 of 1991 in O.S No.261 W.P.(C).No.25986 OF 2009 Page numbers of 1981 on the file of the Subordinate Judge's Court, Kozhikode on the next posting date, namely 12/10/2009. iii) Pass such other appropriate orders that this Hon'ble Court may deem fit and proper in the interest of justice. iv) Award to the petitioner the cost of this writ petition. 2. After hearing learned counsel for the petitioner and taking note of the facts and circumstances presented, I called for a report from the Additional Sub Court, Kozhikode in which the execution proceedings in O.S No.261/1981 are pending. The learned 1st Additional Sub Judge, Kozhikode has submitted a report which would show that the delay in completion of the execution proceedings was on account of the pendency of some claim petitions filed before that court. In the W.P.(C).No.25986 OF 2009 Page numbers report it is stated that the claim petitions are posted on 12/10/2009 and every endeavour will be made to dispose them as expeditiously as possible, and then complete the execution proceedings. Having regard to the report filed by the learned Sub Judge, I find, no further orders are necessary in the writ petition, and it is closed. Hand over a copy of the judgment to the learned counsel for the petitioners, and also transmit a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv