IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29113 of 2008(N) -------------------------- AGAINST THE ORDER IN OS.535/2001 IN EP.120/2008 of ADDL.MUNSIFF COURT,KOCHI .................... PETITIONER(S): ------------------------ SANAL KUMAR, S/O.LATE PRABHAKARAN KANIYAMPARAMBIL HOUSE, EDAKOCHI,KOCHI-06 BY ADV. SRI.SAJAN MANNALI RESPONDENT(S): ------------------------------ 1. ANNAKUTTY W/O.LATE LAWRENCE, CHEMPAKASSERIL HOUSE EDAKOCHI, KOCHI-6 2. XAVIER,S/O.LATE LAWRENCE DO..DO.. 3. ANTONY S./O.LATE LAWRENCE, DO..DO.. 4. ROY S/O.LATE LAWRENCE, DO..DO... THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No. 29113 of 2008 = = = = = = = = = = = = = = Dated this the 3 rd day of October, 2008 JUDGMENT Petitioner is the plaintiff in O.S.No.535 of 2001 on the ifle of the Principal Munsiff's Court, Kochi. The said suit was one for recovery of possession on the strength of title. The defendants in the suit had not only resisted the plaint claim but had also registered a counter claim. As per the judgment and decree dated 19.11.2007, the learned Munsiff dismissed the suit but decreed the counter claim, granting a perpetual injunction restraining the plaintiff from entering into the counter claim schedule property etc. 2. Aggrieved by the said decree the plaintiff has filed an appeal before the Sub Court, Kochi as A.S.No.77 of 2008. The said appeal has been filed out of time and is accompanied by a petition to condone the delay of 70 days in filing the appeal. The petition to condone the delay is yet to be taken up for consideration by the Sub Court, Kochi. The grievance of the petitioner is that while the delay petition is pending W.P.(c).No.29113 of 2008 2 consideration, the defendants have filed E.P.No.120 of 2008 for executing the decree passed in their favour. Hence this writ petition. It is only fair and appropriate that the Sub Court considers and dispose of I.A.No.1612 of 2008 expeditiously after hearing both sides. Until the disposal of the petition to condone the delay and consideration of A.S.No.77 of 2008 under Order XLI Rule 11 C.P.C, further proceedings in E.P.No.120 of 2008 in O.S.No.535 of 2001 before the Principal Munsiff's Court-1, Kochi shall be kept in abeyance. This writ petition is dispose of as above. Dated this the 3 rd day of October, 2008. V. RAMKUMAR, JUDGE sj