High Court Kerala High Court

Subramanian vs K.Chandrika on 16 March, 2009

Kerala High Court
Subramanian vs K.Chandrika on 16 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8318 of 2009(O)



1. SUBRAMANIAN
                      ...  Petitioner

                        Vs

1. K.CHANDRIKA
                       ...       Respondent

                For Petitioner  :SRI.SAJU.S.A

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :16/03/2009

 O R D E R
                              K.T.SANKARAN, J.
                 ------------------------------------------------------
                     W.P.(C) NO. 8318 OF 2009 O
                 ------------------------------------------------------
                   Dated this the 16th March, 2009


                                   JUDGMENT

The respondent herein filed O.S.No.265 of 1999 before the

Munsiff’s Court, Tirur for eviction of the petitioner from the building which

belongs to the respondent. The petitioner claimed kudikidappu right. He

also filed an application before the Land Tribunal under Section 80B of

the Kerala Land Reforms Act. That application was dismissed. The

appeal filed by him before the Appellate Authority was also dismissed. It

is submitted that a Revision was filed against that judgment. Learned

counsel for the petitioner submits that the Revision was returned for

curing certain defects and it was re-presented. He also stated that the

Registry takes the view that it was not re-presented. Whatever it may be,

as things stand, the order passed by the Land Tribunal as confirmed by

the Appellate authority govern the field .

2. The suit for eviction was decreed exparte. The petitioner filed

an application under Order IX Rule 13 of the Code of Civil Procedure.

That application was dismissed on the merits. The Appeal filed against

that order was also dismissed. The petitioner challenged the order and

the judgment in Revision. The Revision was also dismissed.

W.P.(C) NO.8318 OF 2009

:: 2 ::

3. Thereafter, the petitioner filed A.S.No.23 of 2009 before the Sub

Court, Tirur challenging the exparte decree. Ext.P5 application dated

20.2.2009 was filed in the Appeal to condone the delay of 880 days in

filing the Appeal. Ext.P6 application dated 20.2.2009 was also filed in the

Appeal praying for stay of all further proceedings in E.P.No.80 of 2007. It

is submitted that Ext.P5 and Ext.P6 applications are pending.

4. Meanwhile, execution proceedings were initiated. Delivery was

ordered. The petitioner apprehends delivery of the property before

20.3.2009. This Writ Petition is filed with a prayer to issue a direction to

the Sub Court, Tirur to hear and dispose of Exts.P5 and P6 applications

and also to pass an order of stay of execution of the decree, pending

disposal of Exts.P5 and P6 applications.

5. The suit was filed in 1999. All the attempts made by the

petitioner to challenge the exparte decree failed. His application for

purchase of kudikidappu also stands dismissed. More than ten years

passed after filing the suit. At this juncture, if the execution proceedings

are stayed, it will cause great injustice to the decree holder. The relief

prayed for to dispose of Exts.P5 and P6 applications is closely connected

with the prayer for stay. Exts.P5 and P6 applications were filed only in

W.P.(C) NO.8318 OF 2009

:: 3 ::

February 2009. It is not necessary to issue a direction as prayed for.

There is no merit in the contention that the execution proceedings are

liable to be stayed.

The Writ Petition lacks merits and it is accordingly dismissed.

(K.T.SANKARAN)
Judge

ahz/