IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 1163 of 2010(O)
1. NATARAJAN, S/O.SIVARAMA PILLAI,
... Petitioner
Vs
1. K.N.SUKUMARA KURUP,
... Respondent
2. INDIRAKUTTY, D/O.BHARATHI AMMA,
For Petitioner :SRI.G.GOPAKUMAR (CHERTHALA)
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :15/12/2010
O R D E R
THOMAS P.JOSEPH, J.
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O.P(C) No.1163 of 2010
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Dated this the 15th day of December, 2010
J U D G M E N T
Judgment debtor in E.P. No.317 of 2009 in O.S. No.40 of
2007 of the court of leaned Additional Munsiff, Cherthala is the
petitioner before me seeking a direction to the learned Sub Judge,
Cherthala to pass orders on Ext.P2, application filed in A.S No.100
of 2008 within a time frame and to stay further proceedings
pursuant to Ext.P3, order passed by the executing court. Interim
relief prayed for is that operation of Ext.P3, order may be stayed
until disposal of Ext.P2, application.
2. Respondents filed O.S. No.40 of 2007 for declaration of
title over plaint A schedule property, recovery of possession of
building and for injunction. Petitioner filed O.S. No.832 of 2006.
Suits were tried and disposed of jointly. O.S. No.40 of 2007 was
decreed while O.S. No.832 of 2006 was dismissed. Petitioner filed
A.S. No.100 of 2008 against judgment and decree in O.S. No.40 of
2007. In that appeal petitioner filed Ext.P2, application for stay of
execution of the decree. Though that application was filed on
05.01.2010, it is now posted along with the appeal on 21.03.2011.
In the meantime since there was no stay from the appellate court,
O.P(C) No.1163 of 2010
-: 2 :-
executing court proceeded with the execution petition and passed
Ext.P3, order directing delivery to be effected on 20.12.2010.
Learned counsel submits that if before Ext.P2, application for stay
is disposed of property is delivered over, petitioner will be put to
irreparable loss and injury. Having regard to the facts and
circumstances of the case I am inclined to direct that delivery
proceeding will stand in abeyance till 23.12.2010. In the
meantime it will be open to the petitioner to apply before the
learned Sub Judge to advance hearing of Ext.P2, application and
seek appropriate orders.
Original Petition is disposed of directing that Ext.P3, order
for delivery in E.P. No.317 of 2009 in O.S. No.40 of 2007 of the
court of learned Additional Munsiff, Cherthala will stand in
abeyance till 23.12.2010. In the meantime if petitioner files an
application to advance hearing of Ext.P2, application, learned Sub
Jude shall consider that application having regard to the urgency
of the matter and pass appropriate orders thereof before
23.12.2010 after hearing all parties.
THOMAS P. JOSEPH, JUDGE.
vsv