IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4040 of 2010(O)
1. K.J.JOSEPH, S/O.K.V.JOSEPH,
... Petitioner
Vs
1. C.J.GEORGE, S/O.JOSEPH,
... Respondent
2. M.O.ANTONY, S/O.OUSO,
For Petitioner :SRI.P.VIJAYAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/02/2010
O R D E R
V. RAMKUMAR , J.
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W.P.(C). No. 4040 of 2010
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Dated this the 11th day of February, 2010.
JUDGMENT
The petitioner herein was the 2nd defendant in O.S. No.
2139 of 2001 on the file of the II Additional Munsiff Court,
Ernakulam. The said suit instituted by the 1st respondent herein
was one for prohibitory and mandatory injunction. The suit was
eventually decreed on 11.07.2007as evidenced by Ext.P3 series.
Aggrieved by the decree, the petitioner claims to have filed an
appeal as A.S. No. 120 of 2009 on the file of the District Court,
Ernakulam. Ext.P6(b) is the memorandum of appeal. Since the
appeal was filed out of time, he has also filed I.A. No. 4263 of
2009 (Ext.P6(a) for condoning the delay of 536 days. The
grievance of the petitioner is that while the matter is pending
before the II Additional Munsiff Court, Ernakulam, the 1st
respondent has levied execution for the mandatory injunction
and if the execution proceedings are allowed to continue, it will
result in demolition of the building wall of the petitioner. Hence
this writ petition with various prayers including one for disposal
of Ext.P6(a) application.
W.P.(C) No. 4040/2010 : 2:
2. I am inclined to dispose of the writ petition by directing
the II Additional District Court, Ernakulam to hear and finally
dispose of I.A. No. 4263 of 2009 (delay petition) in A.S. No. 120
of 2009 after giving both sides an opportunity of being heard.
Accordingly, this writ petition is disposed of directing the II
Additional Munsiff Court, Ernakulam to dispose of Ext.P6(a) (I.A.
No. 4263 of 2009) in A.S. No. 120 of 2009 expeditiously and at
any rate within six weeks of receipt of a copy of this judgment.
The proceedings in execution of O.S. No. 2139 of 2009 on the file
of the II Additional Munsiff Court, Ernakulam shall remain in
abeyance till the expiry of the said six weeks and thereafter
subject to the result of the delay petition.
Dated this the 11th day of February, 2010.
V. RAMKUMAR, JUDGE.
rv
W.P.(C) No. 4040/2010 : 3: