IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34486 of 2008(E)
1. KUNJELY AGED 60 YEARS, D/O. PODIYAN,
... Petitioner
Vs
1. AYYAPPAN, AGED 65, KODAYAKKAL VEEDU,
... Respondent
For Petitioner :SRI.R.ARUN RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :21/11/2008
O R D E R
K.P.BALACHANDRAN, J.
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W. P. C. No.34486 of 2008
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Dated this the 21st day of November, 2008
JUDGMENT
Petitioner is the first judgment debtor in
O.S.340/06 on the file of the Munsiff’s Court,
Punalur. The decree in the suit was passed against
himself and defendants 2 and 3 granting the
respondent mandatory injunction directing the
defendants to vacate the scheduled building within
a time limit. As the judgment debtors did not
surrender vacant possession in compliance with the
decree, Ext.P3 execution petition was filed in the
court below to which it is submitted is Ext.P4
objection filed by the judgment debtors. They also
filed petition in the court below as I.A.2049/08
(Ext.P1) to set aside the ex parte decree and
I.A.2048/08 (Ext.P2) to condone the delay in
filing the petition to set aside the ex parte
decree. Ext.P6 petition was filed to advance
hearing of I.A.2048/08 and I.A.2049/08. According
to the learned counsel for the petitioner, no
orders are passed on the advance petition and no
W. P. C. No.34486 of 2008 -2-
considered order is passed on Exts.P1 and P2
applications and before that the execution is
being proceeded with and the execution court
passed Ext.P5 order deputing Amin to effect
delivery and the case is posted to 25/11/05 for
report of delivery. Counsel asserts that delivery
has not been effected till now and I propose to
pass orders believing the said representation and
giving the counsel to understand that this order
shall not have any effect if delivery is effected
by this time viz. 2.30 p.m. In case delivery is
not already effected the delivery shall stand
adjourned by two weeks. In the meanwhile, the
learned Munsiff shall pass appropriate orders on
Exts.P1 and P2 advancing the hearing to any
convenient date on the application of the
petitioner with a copy of this judgment and with
notice to the respondent as this Writ Petition is
being disposed of without notice to the
respondent.
This Writ Petition is disposed of with the
above directions. Issue copy of this judgment to
W. P. C. No.34486 of 2008 -3-
the counsel for the petitioner urgently.
K.P.BALACHANDRAN,
JUDGE
kns/-