IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35889 of 2009(O) -------------------------- AGAINST THE ORDER DATED 30/11/2009 IN EP.135/1996 IN OS.958/1985 of PRL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- 1. THADEVOUSE.K.C., AGED 47, KALATHIPARAMBIL HOUSE, MUTTATH LANE, KADAVANTHARA, ERNAKULAM, KOCHI-682 020. (ADDITIONAL RESPONDENT) 2. K.C.PAUL, AGED 60, KALATHIPARAMBIL HOUSE, AREEKKARA, KOTTAYAM. 3. K.C.XAVIER, AGED 51, KALATHIPARAMBIL HOUSE, PAULSON COTTAGE, ROOM NO.20, SOONORA CHURCH ROAD, ELAMKULAM, ERNAKULAM DISTRICT. 4. K.C.GEORGE, AGED 53, KALATHIPARAMBIL HOUSE, MARADU P.O., ERNAKULAM DISTRICT. 5. GRACY AUGUSTINE, AGED 58, W/O.AUGUSTINE, 54/2640, VILLANASSERY HOUSE, M.G.ROAD, PERUMANOOR, ERNAKULAM. 6. BABY KURIAKOSE, AGED 49, W/O.KURIAKOSE, VADAKKEDATH HOUSE, THAMARACHAL, KIZHAKKAMBALAM P.O., PIN-683 562. 7. JESSY JOHNY, AGED 44, W/O.JOHNY, OOTTANCHERRY HOUSE, THAMARACHAL, KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT, PIN-683 562. BY ADV. SRI.JIJO THOMAS SRI.MALLENATHAN.M. WPC.35889/09 RESPONDENT(S): --------------- 1. MUKKOTTIL BHAGAVATHY DEVASWOM, REPRESENTED BY MUKKOTTIL BHAVAGATHY DEVASWOM BHARANA SAMITHI THROUGH ITS PRESIDENT GOPALAKRISHNA MENON, AGED 75, S/O.JANAKI AMMA, CHAKKALAPARAMBIL, PLULIKKAZHATHU, POONITHUARA DESOM, PLOONITHURA VILLAGE. 2. MUKKOTTIL BHAGAVATHY DEVASWOM BHARANA SAMITHI THROUGH ITS SECRETARY K.MANOHARAN, AGED 46 YEARS, PATTAMANA KIZHAKKETHIL, UDAYAMPEROOR P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.35889 OF 2009 (O) ----------------------------------- Dated this the 11th day of December, 2009 J U D G M E N T Petitioners are the judgment debtors in E.P.No.135 of 1996 in O.S.No.958 of 1985 on the file of the Principal Munsiff Court, Ernakulam. Delivery of the property in execution of the decree passed in the suit for recovery of possession, it is submitted, stands posted on 14.12.2009. Counsel for the petitioners submits that settlement talks are going on with the decree holder/1st respondent Devaswom, by which, the judgment debtors have agreed to purchase the property. Though submission was made by both the counsel before the execution court that such a settlement is on the anvil, the court below declined to adjourn the delivery, is the grievance canvassed at the time of hearing of the petition. In case, the counsel on both sides seek a chance for settlement before the execution court, that court will adjourn the delivery for one week, and if no settlement is arrived at, then execute the WPC.35889/09 2 decree in accordance with law. Subject to the above direction, this writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp