IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25455 of 2008(E)
1. SYED ALAVIYA JIFFRIYA
... Petitioner
Vs
1. MUHAMMATH
... Respondent
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/08/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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W.P.(C) NO. 25455 OF 2008
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Dated this the 22nd day of August, 2008
JUDGMENT
Petitioner is the plaintiff in O.S.341 of 1997 on the file of
Munsiff Court, Kozhikode. Under Ext.P1 judgment dated
4.7.2002, a compromise decree was passed in terms of the
agreement executed by the parties. Under the agreement a duty
was cast to avoid stagnation of water in the plaint A schedule
property belonging to the petitioner. When the terms of the
agreement was not complied with, E.P.93 of 2003 was filed
before Munsiff Court. Respondents approached this Court by
filing CRP.901 of 2007, which was disposed under Ext.P2 order.
That order was passed at the admission stage without hearing
the petitioner. Petitioner, thereafter, approached this Court by
filing WP(C) 8664 of 2008. That was also disposed without
hearing respondents, under Ext.P3 judgment. This petition is
filed under Article 227 of Constitution of India for a direction to
the executing Court to implement only the second limb of Ext.P1
agreement.
WP(C)25455/08 2
2. Learned counsel appearing for petitioner was heard.
3. Learned counsel submitted that Ext.P4 memo was
filed before the Advocate Commissioner who was appointed by
the Court in the execution petition as this Court directed the
Commissioner to seek direction from this Court and the first
limb of the agreement cannot be implemented, a direction is to
be issued. I do not find it proper for this Court to give any such
direction. Petitioner is at liberty to approach the executing
Court for appropriate order. If any such application is filed,
learned Munsiff to hear the parties and pass appropriate order
in accordance with law.
Writ petition is disposed of accordingly.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-