IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29822 of 2009(O)
1. VIJAYAN PILLAI, S/O.VASUDEVAN PILLAI
... Petitioner
Vs
1. T.SREEPRAKASH, S/O.THANKAPPAN PILLAI
... Respondent
For Petitioner :SRI.B.KRISHNA MANI
For Respondent :SRI.M.P.RAMNATH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :15/01/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
-------------------------------
W.P.(C).NO.29822 OF 2009 ()
-----------------------------------
Dated this the 15th day of January, 2010
J U D G M E N T
The writ petition is filed seeking mainly the following
reliefs:
i. to issue a writ of prohibition or any other
appropriate writ, direction or order
restraining the Munsiff’s Court,
Karunagappally from proceeding ahead in
any manner in E.P.No.312/2004 in
C.S.No.492/2003 until the disposal of
Exts.P3 and P3(a) by the District Court,
Kollam.
ii. to issue a writ of mandamus or any other
appropriate writ, order or direction
directing the District Court, Kollam to
dispose of Exts.P3 and P3(a).
iii. to stay all further execution proceedings
in C.S.No.492/2003 before the Munsiff
Court, Karunagappally until the disposal of
the writ petition.
The learned counsel for the respondent submits that the
appeal preferred against the decree passed in O.S.NO.492 of
2003 has been dismissed as time barred. An affidavit has also
WPC.29822/09 2
been filed by the respondent. The learned counsel for the
petitioner submitting that he intends to prefer a second
appeal, seeks for an order to keep in abeyance the delivery of
the property, to have a breathing time to enable him to
present such appeal. The learned counsel also requested for a
direction for issue of the copy of the order passed by the court
below dismissing his appeal A.S.No.320 of 2009 on the file of
the District Court, Kollam. Considering the submissions
made, I direct the District Judge, Kollam to issue a copy of the
judgment/order in A.S.No.320 of 2009, if applied for, within a
period of two weeks from the date of receipt/production of a
copy of this judgment. The execution court, Munsiff Court,
Karunagappally is also directed to keep in abeyance the
delivery of the property for a period of three weeks from the
date of this judgment. Writ petition is closed with the above
directions.
S.S.SATHEESACHANDRAN
JUDGE
prp