IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 OP(C).No. 3961 of 2011(O) ------------------------- AS.146/2011 of ADDL.SUB COURT, THALASSERY EP NO.183/2011 IN OS.410/2008 of ADDL.MUNSIFF COURT.,KANNUR .................... PETITIONER/JUDGMENT DEBTORS/PLAINTIFF. ---------------------------------------------------------- C.K.PHALGUNAN, S/O.LATE NARAYANAN NAMBIAR, AGED 64 YEARS, RESIDING AT SREE MOOKAMBIKA, KOODALI AMSOM, THOTTAD DESOM P.O. KOODALI, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S)/DECREE HOLDER/DEFENDANTS: --------------- 1. E.K.RATHNAKANTHI, W/O.VENUGOPALAN NAMBIAR, AGED 59 YEARS, ERUVESHI AMSOM DESOM, P.O.CHEMBERI,KANNUR DISTRICT-670 632. 2. P.K.VENUGOPALAN NAMBIAR, AGED 68 YEASRS, S/O.KRISHNAN NAMBIAR, ERUVESHI AMSOM DESOM, P.O.CHEMBERI,KANNUR DISTRICT-670 632. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3961/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE JUDGMENT IN OS NO.410/208 ON THE FILE OF MUSNIFF'S COURT, KANNUR. EXHIBIT P2. TRUE COPY OF THE DECREE IN OS NO.410/208 ON THE FILE OF MUSNIFF'S COURT, KANNUR. EXHIBIT P3. TRUE COPY OF THE MEMORANDUM OF APPEAL AS AS 146/2011. EXHIBIT P4. TRUE COPY OF THE AFFIDAVIT FOR DELAY CONDONATION IN AS NO.146/2011. EXHIBIT P5. TRUE COPY OF THE AFFIDAVIT FOR INTERIM STAY OF ALL THE PROCEEDINGS IN OS NO.410/2008. EXHIBIT P6. TRUE COPY OF THE EXECUTION PETITION NO.183/2011. EXHIBIT P7. TRUE COPY OF THE AFFIDAVIT FILED BY THE COUNSEL FOR THE PETITIONER BEFORE THE EXECUTION COURT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3961 of 2011 -------------------------------------- Dated this the 6th day of December, 2011. JUDGMENT Notice to the respondents is dispensed with in view of the decision I propose to take in this matter. 2. Petitioner is the judgment debtor in E.P.No.183 of 2011 in O.S.No.410 of 2008 of the court of learned Munsiff, Kannur. While learned Munsiff dismissed the suit filed by petitioner, the counter claim made by the respondents for a decree for mandatory injunction was allowed. In execution of that decree respondents filed E.P.No.183 of 2011 and the case is posted for delivery with Police assistance on 12.12.2011. In the meantime petitioner filed A.S.No.146 of 2011 challenging dismissal of the suit and decree in the counter claim with Ext.P4, application to condone the delay of 39 days and Ext.P5, application for stay of execution of the decree. It is submitted that Exts.P4 and P5, applications were heard on 14.11.2011 but, no orders have been passed so far. 3. Learned counsel seeks a direction to the learned Sub Judge, Thalassery to dispose of Exts.P4 and P5, applications as early as possible and in the meantime, to keep execution proceedings in abeyance. 4. Having heard the learned counsel I am inclined to issue a direction as prayed for. OP(C)No.3961/2011 2 Resultantly this Original Petition is disposed of as follows: i. Learned Additional Sub Judge, Thalassery is directed to dispose of Exts.P4 and P5, applications in A.S.No.146 of 2011 as early as possible. ii. It is directed that execution proceedings in E.P.No.183 of 2011 will stand adjourned to a day after 17.12.2011. iii. Petitioner is directed not to do any act affecting the present condition of the counter claim decree schedule property during the said period. THOMAS P.JOSEPH, Judge. cks