IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 OP(C).No. 4004 of 2011(O) ------------------------- E.P. NO.134/2011 IN LAR.82/2005 of SUB COURT, NEYYATTINKARA. .................... PETITIONER/DECREE HOLDER/CLAIMANT -------------------------------------------------------------- SHAM-OON SAHIB, AGED 84, TOWN SHIP COLONY, HOUSE NO.337, VIZHINJAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT/JUDGMENT DEBTOR/RESPONDENT -------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695 001. BY GOVT. PLEADER MR.P.I. DAVIS. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 4004 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN LAR NO.1104/08. EXT.P2 : TRUE COPY OF THE DECREE DTD.3.10.07 IN LAR NO.82/2005. EXT.P3 : TRUE COPY OF THE EXECUTION PETITION IN EP NO.134/11 IN SUB COURT, NEYYATTINKARA. EXT.P4 : TRUE COPY OF THE COMMUNICATION OF THE RESPONDENT WITH ADVOCATE GENERAL DTD.6.7.2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4004 of 2011 --------------------------------------- Dated this 08th day of December, 2011 JUDGMENT Petitioner has obtained a favourable award in L.A.R.No.82 of 2005 of the Court of learned Sub Judge, Neyyattinkara. It is stated that acquisition was in the year 2003 and the reference Court answered the reference on 06.04.2011. That was followed by petitioner filing E.P.No.134 of 2011 for realisation of the amount. It is stated that petitioner is aged about 84 years but he was not able to realise the fruits of the award since execution proceeding is being adjourned on the submission of learned Government Pleader appearing for the respondent the latter is taking steps to prefer appeal against the judgment of the reference Court. 2. Learned Government Pleader has invited my attention to Ext.P4, letter from the District Collector to the Advocate General, Ernakulam recommending that an appeal from the award is necessary. 3. It is open to the petitioner to take necessary steps in E.P.No.134 of 2011 for recovery of the amount due to him. If no appeal is preferred and no order of stay obtained, I do not think O.P(C).No.4004 of 2011 -: 2 :- that anything prevents the executing court from proceeding with the execution. Leaving petitioner to that remedy, this original petition is closed. (THOMAS P. JOSEPH, JUDGE) Sbna/-