IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 OP(C).No. 2030 of 2011(O) ------------------------- AS.27/2011 of SUB COURT,NEYYATTINKARA OS.257/2011 of I ADDL.M.C.,NEYYATTINKARA. .................... PETITIONER:- ------------------ SASI,S/O.PARAMESWARAN NADAR,AGED 44 YRS, THAIKKOTTATHU PUTHEN VEEDU,OPPOSITE TO PARASSALA MOSQUE,ERICHELLOOR,PARASSALA,THIRUVANANTHAPURAM. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENTS:- --------------------- 1. KAMALA BAI,D/O.SILVIYAL DHURAI, AGED 65 YEARS,MUKKOOLAKKAL VILAKATHU VEEDU, PARASSALA TOWN WARD,PARASSALA,THRIVUVANANTHAPURAM. 2. JUSTINE MARTIN,S/O.JOSHUA ASARIA, AGED 66 YEARS,MUKKOOLAKKAL VILAKATHU VEEDU, PARASSALA,TOWN WARD,PARASSALA,THIRUVANANTHAPURAM. ADV. SRI.B.KRISHNA MANI FOR R1 & R2. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2030 of 2011(O) APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF DECREE IN OS.NO.257/2005 OF THE ADDL.MUNSIFF-I, NEYYATTINKARA. P2: COPY OF THE APPEAL AS.NO.27/2011 FILED BY THE 2ND DEFENDANT BEFORE THE SUB COURT, NEYYATTINKARA. P3: COPY OF THE IA.NO.446/2011 IN AS.NO.27/2011. P4: COPY OF EP.NO.35/2011 IN OS.NO.257/2011. P5: COPY OF THE EA.NO.334/2011 IN EP.NO.35/2011 IN OS.NO.257/2005. P6: COPY OF COUNTER AFFIDAVIT IN EP.NO.35/2011 IN OS.NO.257/2005. P7: COPY OF IA.NO.1114/2011 IN AS.NO.27/2011. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) PA TO JUDGE. Kvs/- THOMAS P. JOSEPH, J. = = = = = = = = = = = = OP(C).No.2030 of 2011. = = = = = = = = = = = = Dated this the 15th July, 2011. J U D G M E N T Petitioner is the 3rd defendant in OS.No.257 of 2005 of the court of learned Ist Addl.Munsiff, Neyyattinkara and the 2nd appellant in AS.No.27 of 2011 of the court of learned Sub Judge, Neyyattinkara. First respondent obtained a decree for eviction of petitioner and others from three rooms scheduled as item Nos.1, 2 and 3 in the plaint. Petitioner and another challenged the decree in AS.No.27 of 2011 with an application to condone the delay of 23 days in filing that appeal. Since the delay was not condoned petitioner could not seek stay of execution. In the meantime the first respondent is executing the decree. Petitioner, therefore, requests this court to stay the execution. 2. Having heard learned counsel for petitioner and learned counsel for the first respondent, I am inclined to grant stay but, subject to condition. OP(C).No.2030/2011. 2 3. Resultantly, this Original Petition is disposed of in the following lines: Execution of the decree in OS.No.257 of 2005 of the court of learned Ist Addl.Munsiff, Neyyattinkara to the extent it concerns petitioner/defendant No.3 is stayed until disposal of AS.No.27 of 2011 of the court of learned Sub Judge, Neyyattinkara subject to the following conditions: (i) Petitioner shall deposit in the executing court the entire rent arrears payable by him as decreed by the learned Munsiff and payable till 31.7.2011, within three weeks from today. (ii) Petitioner shall continue to deposit in the execution court @ ` 650/- per month from 1.8.2011 until disposal of the appeal. The said deposit shall be made on or before the 5th of each month beginning from 1.8.2011 and if the 5th of a month happens to be a holiday, such deposit shall be made on the next working day. (iii) In case condition No.(i) above stated is violated OP(C).No.2030/2011. 3 or, there is default in deposit of any two instalments as per condition No.(ii), it will be open to the first respondent to execute the decree against petitioner/3rd defendant. (iv) It is directed that the amount being deposited by the petitioner could be withdrawn by the first respondent. THOMAS P. JOSEPH, (Judge) Kvs/-