IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No.38235 of 2008 (B) ---------------------------------- AGAINST THE ORDER IN E.P . 54/1997 IN OS.67/1996 of MUNSIFF COURT, HOSDRUG .................... PETITIONER/4th JD.: ------------------------ REJIMOL @ ANNAMMA P.JOHN, W/O.JAMES, AGED 46 YEARS, NOW RESIDING AT FOREST QUARTERS, KODANAD, ERNAKULAM DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS/DECREE HOLDER & JDs.2 & 3: ----------------------------------------------------- 1. PUTHIYAPPARAMBAN RAMACHANDRAN, KARALAM, KINANNOR VILLAGE, HOSDURG, KASARAGOD. 2. MARIKUTTY, W/O. LATE JOHN, PEROLE, HOSDURG, KASARAGOD. 3. GEROGEKUTTY, S/O. LATE JOHN PEROLE, HOSDURG, KASARAGOD. ADV. SRI.T.K.VIPINDAS FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.38235 of 2008 (B) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE E.A. NO.437/08 IN E.P. NO.54/97 OF THE MUNSIFF'S COURT, HOSDRUG DT.21/08/08. EXT.P2:- TRUE COPY OF THE E.A. NO.342/08 IN E.P.54/97 OF THE MUNSIFF'S COURT, HOSDRUG DT.9/07/08. EXT.P3:- TRUE COPY OF THE COUNTER AFFIDAVIT IN E.P.54/97 IN O.S. NO.67/96 OF THE MUNSIFF'S COURT, HOSDRUG DT.18/11/08. EXT.P4:- TRUE COPY OF THE E.P.54/97 IN O.S.67/96 OF THE MUNSIFF'S COURT, HOSDRUG ALONG WITH ORDER DT.18/11/08. ............ K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.38235 of 2008 ------------------------------------------------ Dated this the 22nd day of January, 2009 JUDGMENT First respondent has entered appearance. Respondents 2 and 3 are served, but they have not entered appearance and counsel for the first respondent submits that R2 and R3 are mother and brother of the petitioner herself. However, service is complete. 2. Heard the counsel for the petitioner who is the additional 4th judgment debtor in O.S.67/96 on the file of the Munsiff's Court, Hosdrug. The grievance that is highlighted before me by the counsel for the petitioner is that on 18/11/08 the execution court minuted on the order sheet in the E.P. “R3 filed counter. No counter for R1. Appeal dismissed. Counter not filed. Post for delivery on 06/01/09. Report on 07/01/2009” whereas Ext.P4 at running page 25 of the Writ Petition will W. P. C. No.38235 of 2008 -2- show that the court has not noted anything with respect to the 4th respondent who is the petitioner herein; that she entered appearance only on 18/11/08 as evidenced by Ext.P1 which is an application to implead supplemental respondents 3 and 4 in the E.P. and as per order thereon the case was being adjourned to 18/11/08 for vakalath and counter and that no opportunity was afforded to the petitioner to file any counter when she is the one who is in residential occupation of the building in the scheduled property. It is seen from Ext.P1 and from Ext.P4 that her grievance cannot be said to be out of place. In the circumstances, I direct the petitioner to file objection to the execution petition in the court below positively on or before 05/02/09. In case objection is filed on or before 05/02/09 the execution court shall consider the said objection and pass appropriate orders thereon W. P. C. No.38235 of 2008 -3- in another three weeks. The impugned order of delivery ordered by the court below without considering the objection of the petitioner is set aside and the matter is remanded for necessary steps as directed above. 3. This Writ Petition is thus, disposed of. K.P.BALACHANDRAN, JUDGE kns/-