High Court Kerala High Court

Chandravathi vs Asmath on 21 October, 2009

Kerala High Court
Chandravathi vs Asmath on 21 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29745 of 2009(K)



1. CHANDRAVATHI
                      ...  Petitioner

                        Vs

1. ASMATH
                       ...       Respondent

                For Petitioner  :SRI.K.V.SOHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :21/10/2009

 O R D E R
               PIUS C. KURIAKOSE &
             K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
           W. P. C. No.29745 of 2009
    ------------------------------------------------
     Dated this the 21st day of October, 2009

                    JUDGMENT

Pius C. Kuriakose, J

Under challenge in this Writ Petition under Article

227 of the Constitution of India is Ext.P4 order passed

by the Principal Munsiff’s Court, Kasaragod in a

proceeding for execution of an eviction order passed

by the Rent Control Court, Kasaragod in RCP

No.23/96. Even though, several grounds have been

raised in the memorandum of writ petition assailing

Ext.P4, we are not inclined to examine the merits of

those grounds. We notice that in terms of proviso to

Section 14 of Act 2 of 1965, the petitioners’ remedy

lies elsewhere. We relegate the petitioners to such

W. P. C. No.29745 of 2009 -2-

statutory remedy and dispose of the Writ Petition.

However, there will be a direction to the execution

court not to order and effect delivery for a period of

ten days from today.

Issue copy today itself.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-