IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27686 of 2009(O)
1. MAMMOTTY KAMBA,S/O.ABDULLA,
... Petitioner
Vs
1. CHATTICKAL SHANMUGHAN,S/O.VECHUNNI,
... Respondent
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent :SRI.K.M.JAMALUDHEEN
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :13/07/2010
O R D E R
THOMAS P JOSEPH, J.
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W.P.C.No.27686 of 2009
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Dated this 13th day of July, 2010
JUDGMENT
Defendant in O.S.No.176 of 2008 of the court of learned
Additional Munsiff-II, Kozhikode is the petitioner before me
seeking an early disposal of C.M. appeal No.72 of 2009 pending
in the court of learned District Judge, Kozhikode. Respondent
obtained an ex parte decree for eviction of petitioner from the
shop room. Petitioner unsuccessfully attempted at unsettling the
ex parte decree. That order is under challenge in Ext.P2, C.M
appeal. Though petitioner has requested for stay in the C.M
appeal that application is posted along with C.M appeal. Prayer
in this writ petition is for early disposal of the C.M appeal and in
the meantime to keep delivery of the shop room in abeyance. It
is stated by learned counsel for petitioner that the C.M appeal is
posted for hearing on 27-07-2010. Learned counsel for
respondent states that execution of the decree itself is kept in
abeyance on account of this writ petition.
2. The C.M appeal is coming up for hearing before
learned Munsiff on 27-07-2010. This court while admitting the
writ petition had directed proceedings in E.P.No.98 of 2009 to be
W.P.C.No.27686 of 2009 : 2 :
kept in abeyance and that order remains in force even now.
Having regard to the facts and circumstances of the case I direct
learned District Judge to dispose of C.M. Appeal No.72 of 2009 as
expeditiously as possible. The direction issued by this court to
keep E.P.No.98 of 2009 in abeyance will continue till 27-07-2010.
It is open to the petitioner to request for appropriate reliefs in
the C.M appeal. Learned District Judge shall pass appropriate
orders untrammeled by any order passed in this writ petition and
considering the facts and circumstances of the case.
With the above direction, the writ petition is closed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-