IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 OP(C).No. 1320 of 2011(O) ------------------------- AGAINST THE ORDER IN EP 179/2009 IN OS.519/1984 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER ------------------ 1. P.I.MOHAMMED SUJER, PATTOLIL PUTHENVEETTIL, KALLELIBHAGOM VILLAGE, KARUNAGAPALLY TALUK. 2. P.I.NOWSHAD, PATTOLIL PUTHENVEETTIL, KALLELIBHAGOM VILLAGE, KARUNAGAPALLY TALUK. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. SAROJINI AMMA, W/O.MUTHUKRISHNAN ACHARY, MARANGATTU THEKKETHARAYIL, PADA, VADAKKUM MURI, KARUNAGAPPALLY-691503. 2. THYAGARAJAN, S/O.MUTHUKRISHNAN ACHARY, MARANGATTU THEKKETHARAYIL, PADA, VADAKKUM MURI, KARUNAGAPPALLY-691503. 3. REGHUNATHAN, S/O.MUTHUKRISHNAN ACHARY, MARANGATTU THEKKETHARAYIL, PADA, VADAKKUM MURI, KARUNAGAPPALLY-691503. 4. RAJALEKSHMI, D/O.MUTHUKRISHNAN ACHARY, MARANGATTU THEKKETHARAYIL, PADA, VADAKKUM MURI, KARUNAGAPPALLY-691503. 5. PRASANNAKUMAR, S/O.MUTHUKRISHNAN ACHARY, MARANGATTU THEKKETHARAYIL, PADA, VADAKKUM MURI, KARUNAGAPPALLY-691503. 6. PRADEEP, S/O.MUTHUKRISHNAN ACHARY, MARANGATTU THEKKETHARAYIL, PADA, VADAKKUM MURI, KARUNAGAPPALLY-691503. 7. PRASAD, S/O.MUTHUKRISHNAN ACHARY, MARANGATTU THEKKETHARAYIL, PADA, VADAKKUM MURI, KARUNAGAPPALLY-691503. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ O.P(C)No.1320 OF 2011 ------------------------------ Dated this the 26th day of May, 2011 JUDGMENT Though notice was served on the respondents, there is no appearance. 2. The averments made by the petitioners in the Original Petition would indicate the following facts: The father of the petitioners filed O.S.No.519 of 1984 on the file of the Court of Munsiff, Karunagappally against the predecessor in interest of the respondents. O.S.No.528 of 1984 was filed by the predecessor in interest of the respondents against the father of the petitioners. Both these suits were tried together and the trial court decreed the suit filed by the predecessor in O.P(C)No.1320 OF 2011 2 interest of the petitioners and dismissed the suit in which he was the defendant. Though the predecessor in interest of the respondents filed Appeals and Second Appeals, those Appeals and Second Appeals were dismissed. The predecessor in interest of the petitioners filed E.P.No.179 of 2009 to execute the decree. The decree holder died on 28.8.2010. The petitioners were impleaded in the Execution Petition as additional petitioners. 3. The grievance of the petitioners is that though the Execution Petition was filed in 2009, final orders have not been passed in the Execution Petition. It is stated that the Execution Petition was posted on several dates and due to the dilatory tactics of the respondents, the Execution Petition could not be disposed of. O.P(C)No.1320 OF 2011 3 4. The relief prayed for is to issue a direction to the Munsiff's Court, Karunagappally to pass final orders in the Execution Petition and to complete the Execution Proceedings. In the facts and circumstances of the case, the Original Petition is disposed of directing the Munsiff's Court, Karunagappally to dispose of E.P.No.179 of 2009 in O.S.No.519 of 1984 as expeditiously as possible. The Original Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms