IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 OP(C).No. 367 of 2011(O) ----------------------------------- EP. NO.10/2010 IN OS. NO.742/1960 OF MUNSIFF COURT, TIRUR. .... PETITIONER (S): ------------------------- V.P.MAMMUVARANKUTTY, S/O.KUNHIKAMMU, IRINGAVOOR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.SUMEESH K.S. RESPONDENT(S): ------------------------ 1. ATHANIKKAL CHENATH MOIDEEN, S/O.KUNHIMARAKKAR,PONMUDAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.PIN-676 106. 2. KUNHATHAMMA, W/O.LATE KUNJAVARANKUTTY, AGED ABOUT 64, OZHUR AMSOM, OMACHAPUZHA DESOM,TIRUR TALUK, MALAPPURAM DISTRICT,PIN-676320. 3. MOHAMMEDKUTTY,S/O.KUNJAVARANKUTTY, AGED 53 YEARS,OZHUR AMSOM,OMACHAPUZHA DESOM,TIRUR TALUK MALAPPURAM DISTRICT,PIN-676320. 4. ALI, S/O.KUNJAVARANKUTTY, AGED 45 YEARS,OZHUR AMSOM,OMACHAPUZHA DESOM,TIRUR TALUK MALAPPURAM DISTRICT,PIN-676320. 5. NAFEESA, AGED ABOUT 28 YEARS,W/O.KUNHIKAMMU, OZHUR AMSOM,OMACHAPUZHA DESOM,TIRUR TALUK MALAPPURAM DISTRICT,PIN-676320. 6. FATHIMA, D/O.KUNHIKAMMU, AGED 20 YEARS, OZHUR AMSOM,OMACHAPUZHA DESOM,TIRUR TALUK MALAPPURAM DISTRICT,PIN-676320. O.P.(C) NO.367/2011 7. SHAFI, S/O.KUNHIKAMMU, AGED 22 YEARS, OZHUR AMSOM,OMACHAPUZHA DESOM,TIRUR TALUK MALAPPURAM DISTRICT,PIN-676320. 8. SAFIYA, D/O.KUNHIKAMMU, AGED 19 YEARS, OZHUR AMSOM,OMACHAPUZHA DESOM,TIRUR TALUK MALAPPURAM DISTRICT,PIN-676320. 9. ALI,S/O.KUNHIKAMMU, AGED 18 YEARS, OZHUR AMSOM,OMACHAPUZHA DESOM,TIRUR TALUK MALAPPURAM DISTRICT,PIN-676320. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.T.SANKARAN, J. ------------------------------ O.P(C).No.367 OF 2011 ------------------------------ Dated this the 27 th day of January, 2011 JUDGMENT The petitioner is the 7 th respondent in EP No.10 of 2010 in O.S.No.742 of 1960 on the file of the Court of the Munsiff of Tirur. The suit was for partition. Final decree was passed on 4.7.2009 in a suit filed in 1960. The respondents filed Execution Petition to get delivery of the property allotted to them as per the final decree. Delivery is to take place on 28.1.2011. At that juncture, the petitioner herein filed Ext.P3 application to receive Ext.P2 objection in the Execution Petition. It would appear that the Executing Court returned the application noting certain defects. 2. The reliefs sought for in the Original Petition are the following: i) Issue a writ, order or direction, directing the Munsiff Court, Tirur to O.P(C).No.367 OF 2011 2 accept Exts.P2, P3 and P6 petitions and pass orders in accordance with law. ii) Issue a writ, order or direction directing the Munsiff Court, Tirur to stop all further proceedings in E.P.No.10/2010 in O.S.No.742/1960 until Exts.P2, P3 and P6 are considered in accordance with law. Iii) Issue any other orders or direction which this Hon'ble Court deems fit and proper in the circumstance of the case; and iv) grant full cost to the petitioner for the institution and conduct of this Writ Petition.” 3. I do not find any ground to exercise the jurisdiction under Article 227 of the Constitution of India. In a suit instituted in 1960, the respondents herein are expecting to get delivery of the property allotted to them as per the final decree for partition. Whatever may be the technical objection that may be raised by the petitioner as to the manner in which the application was returned, I do not think it would be just to interdict the delivery of the property. O.P(C).No.367 OF 2011 3 If the delivery is stayed, it would result in great injustice to the respondents who were before various courts to get their share in the co- ownership of property after making partition by metes and bounds. For the aforesaid reasons, the Original Petition is, dismissed. K.T.SANKARAN, JUDGE. cms