IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 OP(C).No. 1165 of 2011(O) ------------------------- OS.290/2005 of PRL.MUNSIFF COURT, PALAKKAD .................... (S): PETITIONERS ------------------------------- 1. C.L.RADHAKRISHNAN, AGED 39 YEARS, S/O.LATE LAKSHMINARAYANA KOUNDER, NO.97 WEST PERIYASWAMY ROAD, R.S.PURAM, COIMBATORE. 2. VALSALA, AGED 55 YEARS, W/O.THANKAVELU, NO.36 UNION BANK ROAD, IIND STREET, PERIYANAIKAN PALAYAM, COIMBATORE. 3. RANGANAYAKI, AGED 50 YEARS, W/O.KANNAPPAN, NO.91, RAMACHANDRA ROAD, R.S.PURAM, COIMBATORE. 4. CHITHRA, AGED 45 YEARS, W/O.PADMANABHAN, NO.1/188 SILVAPURAM, KOVILPALAYAM, POLLACHI. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): --------------- 1. C.L.VENKITACHALAM, S/O.LAKSHMINARAYANA KOUNDER, KESAVAPURAM, KANJIKODE, PUDUSSERY, PALAKKAD 678 630. 2. C.L.GOPALAKRISHNAN, S/O.LAKSHMINARAYANA KOUNDER, KESAVAPURAM, KANJIKODE, PUDUSSERY, PALAKKAD 678 630 . 3. C.L.PARAMADMAN, S/O.LAKSHMINARAYANA KOUNDER, KESAVAPURAM, KANJIKODE, PUDUSSERY, PALAKKAD 678 630. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:. MK P.BHAVADASAN, J. ---------------------------- O.P(c).No. 1165 of 2011 --------------------------------- Dated this the 22nd day of March, 2011 JUDGMENT The limited prayer in this Original Petition is for a direction to dispose of Execution Application. The petitioners are defendants in O.S.No.290/2005 and respondents/judgment debtors in E.P. No.234/2008 on the file of the Principal Munsiff's Court, Palakkad. E.A.No.449/2010 filed by the petitioners to set aside the commissioner's report in E.P.No.234/2008 in O.S.No.290/2005. 2. The plaintiff filed Ext.P1 Execution Petition alleging that the petitioners herein along with other defendants have violated the decree and sought their arrest and detention or in the alternative to attach their properties in execution of the decree. Petitioners appeared before the executing court and filed Ext.P2 counter. Since the identity of the property was disputed, an Advocate Commissioner was appointed. The Commissioner submitted final report alongwith a plan. Since the Commissioner's report was biased and filed without conducting any proper measurement based on village records, the petitioners filed Ext.P3 E.A to set aside the commission report. In the meanwhile, E.A.NO.422/2010 was filed by the first respondent herein. It is pointed out that E.A.449/2010 is being unnecessarily protracted O.P(c).No. 1165 of 2011 2 and respondents are taking advantage of the same. Therefore, it is prayed that there be a direction to take up E.A.449/2010 in E.P.234/2008 and disposed it off. 3. In the light of order sought to be passed no notice to respondents is necessary. 4. The petitioner attacked the commissioner report. They have filed a petition to have it set aside. It is stated that petition was posted several times but was not being disposed off. Therefore, there will be a direction to the Munsiff's Court, Palakkad to take up E.A 449/2010 in E.P.234/2008 pending before the said court and dispose of it as expeditiously as possible. P.BHAVADASAN, JUDGE. ln