IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 18440 of 2006(T)
1. VERONICA, AGED 52,
... Petitioner
Vs
1. KUTTAPPAN,S/O.THOMPRAKUDIYIL SANKARAN,
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.SHEEJO CHACKO
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/01/2007
O R D E R
M.N.KRISHNAN, J.
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W.P.(C)NO.18440 OF 2006
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Dated this the 30th day of January 2007
JUDGMENT
The main prayer in the writ petition is to stay the
execution in O.S.1748/99 till the regular second appeal
No.1244/05 is heard and disposed off by this Honourable court.
The very writ petition is clear abuse of the process of the court.
If a person is entitled to file a second appeal and files second
appeal, it is for that court to consider whether the decree is to be
stayed or not. It is not correct to file a writ petition to get a stay
of the execution in a matter where a second appeal is said to
have been filed by the very same writ petitioner. This writ
petition lacks bonafide and dismissed.
M.N.KRISHNAN, JUDGE
jes