IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35989 of 2008(H)
1. JOY JOHN, CHATHERIL HOUSE,
... Petitioner
Vs
1. A.K. ANIYAN, AMBANATTU VEDU,
... Respondent
For Petitioner :SRI.RINNY STEPHEN CHAMAPARAMPIL
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :05/12/2008
O R D E R
K.P. BALACHANDRAN, J.
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W.P(C) No. 35989 OF 2008-H
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Dated this the 5th December, 2008.
JUDGMENT
The grievance of the petitioner is that Ext.P3 application filed
for restoration of A.S.151/2005 on the file of the Additional District
Court, Mavelikkara is adjourned for consideration to 2.1.2009, as is
evidenced by Ext.P5 order and that atleast till orders are passed on
the restoration application the execution of the decree in
O.S.275/1996 by the Sub Court, Mavelikkara be stayed. The stay
as asked for cannot be granted. However, I grant stay of execution
of E.P.439/2005 in O.S275/1996 on the file of the Sub Court,
Mavelikkara till 2.1.2009 to which day, the restoration application
stands posted before the Additional District Court, Mavelikkara, as
seen from Ext.P5 order. It is up to the petitioner to get appropriate
orders to have I.A.1452/2008 (Ext.P3) filed in A.S.151/2005
advanced and appropriate orders obtained if at all he wants to have
execution stayed any further. This writ petition is disposed of with
the above directions.
WPC35989/2008 2
Issue copy of this judgment to the counsel for the petitioner
urgently.
K.P.BALACHANDRAN
JUDGE
jj