High Court Kerala High Court

Vasanthi vs Sahadevan on 16 June, 2010

Kerala High Court
Vasanthi vs Sahadevan on 16 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18741 of 2010(O)


1. VASANTHI, D/O.NARAYANI, KADACKAL
                      ...  Petitioner

                        Vs



1. SAHADEVAN, S/O.PARAMU, KADACKAL
                       ...       Respondent

                For Petitioner  :SRI.S.MOHANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :16/06/2010

 O R D E R
                   THOMAS P JOSEPH, J.

                  ----------------------------------------

                      W.P.C.No.18741 of 2010

                   ---------------------------------------

                Dated this 16th day of June, 2010

                             JUDGMENT

Defendant No.1 in O.S.No.332 of 2000 of the court of learned

Munsiff, Kayamkulam is the petitioner before me. There was a

preliminary decree for partition of the suit properties and as per

direction contained therein, Ext.P4, application for passing a final

decree has been filed. In the meantime the preliminary decree was

challenged in A.S.No.241 of 2009 in the court of learned District

Judge, Mavelikkara. Since respondent filed a caveat in A.S.No.241

of 2009 petitioner was not able to get a stay of further proceedings

on the application to pass final decree. Writ petitioner seeks stay

of further proceedings in the final decree. Since the appeal from

preliminary decree is pending consideration of learned District

Judge, it is open to the petitioner to move for stay in that court and

if respondent has filed a caveat or entered appearance after giving

notice to the counsel for caveator on the application. There is no

reason why this court should interfere in the matter and grant stay

as prayed for. Hence without prejudice to the right of petitioner to

pursue his prayer for stay filed in A.S.No.241 of 2009 as provided

under law this writ petition is closed.

(THOMAS P JOSEPH, JUDGE)
Sbna/-