IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6932 of 2008(A) ------------------------- EP 321/07 IN OS.731/2004 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER: APPELLANT/PLAINTIFF ------------------------------- S.R.ANILKUMAR, S/O.RAMACHANDRAN, 'POOJA' KILIKKOTTUKONAM, OORUTTAMBALAM, MARANALLOOR DESOM, NEYYATTINKARA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: RESPONDENTS/DEFENDANTS ----------------------------------- 1. P.R.SYAMALA, D/O.PANKAJAKSHY, MANLI MELE PUTHEN VEEDU, KILIKKOTTUKONAM, MARANALLOOR DESOM, DO. VILLAGE. 2. SUNIL KUMAR, S/O.RAMACHANDRAN, VELLAPALLI MELE ANIL NIVAS, PALLICHAL DESOM, PALLICHAL VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6932 OF 2008 --------------------- Dated this the 28th day of February, 2008 JUDGMENT This writ petition is filed for a direction to the II Addl. Munsiff, Neyyattinkara not to proceed with EP 321/07 until Exts.P3 and P4 applications are considered on merits by the Subordinate Judge, Neyyattinkara. 2. A perusal of the writ petition would reveal that the present writ petitioner has filed an appeal against the judgment and decree in OS 731/04. There was a suit for injunction and a counter claim as well. The suit was dismissed and the counter claim was allowed. Against the counter claim, petitioner has preferred an appeal. It is to stop the execution of the said decree, the present writ petition is filed. It is seen that the appeal has been preferred in January 2008 along with a petition to condone the delay of 63 days. The prayer of the petitioner is not to proceed with the execution of the decree till some orders are passed in those applications, pending before the appellate court. There is some force in the said contention. WPC NO 6932/08 2 3. Therefore, I direct the Munsiff, Neyyattinkara, not to proceed with the EP and also direct the Subordinate Judge, Neyyattinkara to dispose of the delay condonation application. If that is allowed, the stay application shall be considered as expeditiously as possible, within a time frame of one month. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 6932/08 3 WPC NO 6932/08 4