IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18741 of 2010(O)
1. VASANTHI, D/O.NARAYANI, KADACKAL
... Petitioner
Vs
1. SAHADEVAN, S/O.PARAMU, KADACKAL
... Respondent
For Petitioner :SRI.S.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :16/06/2010
O R D E R
THOMAS P JOSEPH, J.
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W.P.C.No.18741 of 2010
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Dated this 16th day of June, 2010
JUDGMENT
Defendant No.1 in O.S.No.332 of 2000 of the court of learned
Munsiff, Kayamkulam is the petitioner before me. There was a
preliminary decree for partition of the suit properties and as per
direction contained therein, Ext.P4, application for passing a final
decree has been filed. In the meantime the preliminary decree was
challenged in A.S.No.241 of 2009 in the court of learned District
Judge, Mavelikkara. Since respondent filed a caveat in A.S.No.241
of 2009 petitioner was not able to get a stay of further proceedings
on the application to pass final decree. Writ petitioner seeks stay
of further proceedings in the final decree. Since the appeal from
preliminary decree is pending consideration of learned District
Judge, it is open to the petitioner to move for stay in that court and
if respondent has filed a caveat or entered appearance after giving
notice to the counsel for caveator on the application. There is no
reason why this court should interfere in the matter and grant stay
as prayed for. Hence without prejudice to the right of petitioner to
pursue his prayer for stay filed in A.S.No.241 of 2009 as provided
under law this writ petition is closed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-