IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 20221 of 2009(O) ----------------------------------- EA. NO.57/2009 IN OS.521/2000 of MUNSIFF COURT, VADAKKANCHERRY .................... PETITIONER(S): ----------------------- JAYAN AGED 40 YEARS, S/O. KUTTAPPAN, M.K.MOTORS, TUMKOOR ROAD, DOOR.NO.470 PEENIYA, BANGALORE. BY ADVS.MR.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): ------------------------- 1. KRISHNANKUTTY S/O. LATE. KUNHUNNY ATHANI DESOM MINALUR VILLAGE THALAPPILLY TALUK. 2. KARTHIYAYANI, D/O. LATE KUNHUNNI, ARYAMPADAM DESOM, MUNDATHIKODE VILLAGE, THALAPPILLY TALUK. 3. VELAYUDHAN, S/O. LATE KUNHUNNY, ATHANI DESOM, MINALUR VILLAGE, THALAPPILLY TALUK. 4. LEELA, W/O. LATE. KUTTAPPAN, ATHANI DESOM MINALUR VILLAGE, THALAPPILLY TALUK. 5. SATHYAN, S/O. LEELA, ATHANI DESOM MINALUR VILLAGE, THALAPPILLY TALUK. 6. SANTHA, W/O. SURESH, VELLARKKAD VILLAGE DESOM, THALAPILLY TALUK. 7. PRAKASHAN S/O. LEELA ATHANI DESOM, MINALUR VILLAGE, THALAPPILLY TALUK. 8. JAYANTHI W/O. SURESH, THONNOOR KARA VILLAGE, DESOM, THALAPPILLY TALUK. 9. SOBHANA, D/O. LEELA ATHANI DESOM, MINALUR VILLAGE, THALAPPILLY TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.20221 of 2009 - O --------------------------------- Dated this the 17th day of July, 2009 J U D G M E N T This writ petition is filed seeking the following reliefs: “i) To direct the court below to consider and dispose Exhibits P1 to P4 applications within such time as may be fixed by this Honourable Court. ii) To direct the court below to keep all proceedings in E.P.No.57/2009 in O.S.No.521/2000 of the Munsiff Court, Wadakkancherry in abeyance, pending disposal of Exhibits P1 to P4 applications”. 2. In a suit for partition on passing of a final decree, when proceedings in execution were taken by the plaintiff/decree holder who had been allotted share in the suit property, petitioner, one among the defendants in the suit moved application for setting aside the preliminary decree and also final decree passed in the suit with a petition to condone delay, setting forth a case that for the last several years, he is settled at Bangalore and in view of strained relationship with family members, he had no knowledge of the suit or the proceedings W.P.(C).No.20221 of 2009 - O 2 thereof till receiving of the notice in the execution proceedings. The writ petition is filed seeking issue of directions/orders from this Court to the execution court to keep in abeyance the execution proceedings, and also to the trial court to consider the applications moved by him for setting aside the preliminary decree and final decree. 3. I heard the counsel for the petitioner. 4. At the time of hearing, learned counsel for the petitioner submitted that he is not seeking any relief in the application moved for setting aside the preliminary decree but only confining to the application moved for setting aside the final decree. If the decree is executed as it is, according to the learned counsel for the petitioner, portions of the Tharavad house have to be demolished. Some portions of the house are allotted to the decree holder, and in the execution petition demolition of those portions is applied for. Whatever that be, the petitioner has to move the trial court for speedy disposal of the application filed by him for setting aside the final decree if at all he has got sufficient cause for his nonappearance before the court when notice was W.P.(C).No.20221 of 2009 - O 3 issued in the final decree proceedings. No direction/order from this Court can be issued to the trial court for that purpose in the given facts of the case. Subject to the above observation, this writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-