IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN SATURDAY, THE 18TH AUGUST 2007 / 27TH SRAVANA 1929 WP(C).No. 25078 of 2007(I) -------------------------- OS.91/2002 of MUNSIFF COURT,VARKALA .................... PETITIONER: SARADA, D/O. VALLIAMMA, ANANDA BHAVANAM, NJAKKAD, VADASSERIKONAM, OTTOOR VILLAGE. BY ADV. SRI.PRAKASH P.GEORGE SRI.B.PREMNATH RESPONDENTS: GOWRI, D/O. KOCHUKUNJU, G.G. MANDIRAM, VADASSERIKONAM,CHEMMARUTHY VILLAGE. BY/ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT INSPITE OF PASSING IT OVER ON TWO OR THREE OCCASIONS, THERE IS NOT EVEN A REPRESENTATION. HENCE, THE WRIT PETITION IS DISMISSED FOR DEFAULT. 18.08.2007 SD/- M.N. KRISHNAN, JUDGE. /True Copy/ P.A to Judge. PIUS.C.KURIAKOSE J. ------------------------ W.P.(C)No. 25078 of 2007 ------------------------ Dated this the 28th day of January, 2009 JUDGMENT Pius C.Kuriakose, J. No representation for the petitioner in this writ petition which had been dismissed on a previous occasion due to the default of the petitioner. On going through the writ petition, I do not think that a case is made out for invocation of the supervisory jurisdiction under Article 227. The grievance of the petitioner is that the first appellate court granted stay of execution petition, which had been filed by the petitioner for initiation of action for the alleged violation of the decree. It is seen that the lower appellate court became inclined to grant stay on the reason that unless stay is granted , the appeal will become infructuous. I do not find any infirmity about the view of the lower appellate court within the contours of this court's narrow Supervisory jurisdiction under Article 227. The writ petition will stand dismissed. However, there will be a direction to the lower appellate court viz. the learned subordinate judge's court, Attingal to hear both sides and WPC.No.25078/2007 2 dispose of A.S.42/2005 (if not already disposed of) at the earliest and at any rate within six weeks of receiving a copy of this judgment. PIUS.C.KURIAKOSE,JUDGE dpk