IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2650 of 2010(O)
1. R.A.HAJARABI,
... Petitioner
Vs
1. ALIKUNHI, S/O.KADAMBOTT KOCHUNNY,
... Respondent
2. ABDUL RAHIMAN,
3. KUNJIBEEVATHU,
4. ALI, S/O.KUZHIKANDATHIL KUNJAMMU,
5. AYISHABI,
6. SMT.JEEY, ADVOCATE,
For Petitioner :SRI.N.P.SAMUEL
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/02/2010
O R D E R
V. RAMKUMAR, J.
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W.P.(c).No.2650 of 2010
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Dated this the 3rd day of February, 2010
JUDGMENT
The writ petitioner along with others had obtained a
decree in O.S.No.140 of 1992 from the Munsiff’s Court,
Kodungallur for fixation of boundary, prohibitory injunction
and recovery of possession of the plaint schedule property.
On 28.6.2005 they filed E.P.No.423 of 2005 for executing
the decree. The 6th respondent herein who is an advocate
practicing at Kodungallur is said to have filed a third party
claim as E.A.No.668 of 2007 in the said E.P. contending that
she had purchased a portion of the property. The petitioner
and others claimed to have filed objections to the said E.A.
The grievance of the petitioner is that the said E.A has not
been taken up for final orders and instead it is being
adjourned ad infinitum . Hence this writ petition for early
disposal of E.A.No.668/2007.
W.P.(c)No.2650 of 2010
2
2. This Court called for a report from the court below.
As per the letter dated 1.2.2010, the learned Munsiff has
reported that the case stands posted to 8.2.2010 and if both
the parties are ready, the petition can be disposed of at the
earliest. The number of adjournments of the said E.A. will
indicate that the claim petitioner was evidently not ready to
get along with the matter. That is not a reason to adjourn
the case to the extreme prejudice of the decree holders.
The court below shall take up E.A.No.668 of 2007 positively
on 8.2.2010 and dispose of the same at the earliest, after
giving both sides an opportunity of being heard. Such
disposal shall be within a period one month of receipt of a
copy of this judgment.
Dated this the 3rd day of February, 2010.
V. RAMKUMAR, JUDGE
sj