IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32107 of 2008(V)
1. DASAPPAN
... Petitioner
Vs
1. K.K.SURENDRAN & ANR.
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :31/10/2008
O R D E R
THOMAS P. JOSEPH, J.
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W.P.(C) No.32107 of 2008 V
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Dated this the 31st day of October, 2008.
JUDGMENT
Heard counsel for petitioner.
2. Petitioner filed E.A.No.162 of 2007 in E.P.No.17 of 2007 in
O.S.No.43 of 2002 of Munsiff’s Court, Changanassery. Execution Application
was filed under Order XXI Rule 97 of the Code of Civil Procedure. Learned
Munsiff adjudicated the claim of the petitioner and dismissed it. Challenging that
order, petitioner filed A.S.No.273 of 2008 in the District Court, Kottayam with
Ext.P5, application (I.A.No.1675 of 2008) to condone the delay of 26 days in
filing that appeal. Case of the petitioner is that now the property is going to be
delivered over. Petitioner therefore, prays the execution proceedings be kept in
abeyance till the disposal of A.S.No.273 of 2008.
3. If petitioner has filed appeal as above stated against the impugned
order, he has to approach that court and seek appropriate relief preventing
delivery of the property. Request to keep the execution proceedings in abeyance
till the disposal of the appeal cannot be entertained in this proceeding. However,
considering the fact that the delay condonation application filed along with
A.S.No.273 of 2008 is posted on 26.11.2008 and since the petitioner could
request for stay only after condonation of delay, I am inclined to direct that
execution proceedings for delivery of property in E.P.No.17 of 2007 will stand in
WP(C) No.32107/2008
2
abeyance for a period of 15 (fifteen) days from today. In the meantime, it will be
open to the petitioner to approach the District Court, Kottayam and seek
appropriate reliefs in the appeal he claims to have preferred in that court.
With the above direction, this Writ Petition is closed.
THOMAS P.JOSEPH,
JUDGE.
cks
