IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7704 of 2009(O)
1. GOPALAN NAIR, S/O. MADHAVI AMMA,
... Petitioner
Vs
1. MADHUSOODHANAN NAIR, S/O. PADMANABHA
... Respondent
For Petitioner :SRI.G.P.SHINOD
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/03/2009
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 7704 OF 2009 O
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Dated this the 11th March, 2009
JUDGMENT
The only prayer made by the petitioner is to issue a direction to the
Sub Court, Neyyattinkara to consider and pass orders on Ext.P3
application for stay (I.A.No.365 of 2009 in A.S.No.86 of 2004). Learned
counsel for the petitioner submitted that though the application for stay
was filed in February 2009, the court below has not considered the
application. The counsel submitted that the proceedings in execution are
being proceeded with.
2. It is submitted that the petitioner has even moved an application
for advancing the hearing of I.A.No.365 of 2009. Still the court below has
not considered the application. I am of the view that the court below can
be directed to consider the application for stay (Ext.P3) at the earliest,
taking into account the fact that the execution proceedings are being
proceeded with. I am not inclined to grant any interim order to keep in
abeyance the order for delivery passed in E.P.No.10 of 2008 in O.S.No.78
of 1964. It is for the lower appellate court to consider whether stay should
be granted or not. Without the lower court considering the same, it is not
proper for this Court, exercising jurisdiction under Article 227 of the
Constitution of India, to stay the delivery.
W.P.(C) NO. 7704 OF 2009
:: 2 ::
The Writ Petition is disposed of directing the Sub Court,
Neyyattinkara to consider Ext.P3 application (I.A.No.365 of 2009 in
A.S.No.86 of 2004) expeditiously.
(K.T.SANKARAN)
Judge
ahz/