IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 29822 of 2009(O) -------------------------- AS.320/2009 of D.C. & SESSIONS COURT,KOLLAM C.S.492/2003 of MUNSIFF COURT, KARUNAGAPPALLY (EP.312/2004) .................... PETITIONER(S): --------------- VIJAYAN PILLAI, S/O.VASUDEVAN PILLAI VIJAYAMANDIRAM, PALAKKAL MURI, THEVALAKKARA KARUNAGAPPALLY, KOLLAM DISTRICT, REPRESENTED BY POEWR OF ATTORNEY HOLDER V.THULASEEDHARAN PILLAI OF DO..DO.. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- T.SREEPRAKASH, S/O.THANKAPPAN PILLAI SREEBHAVAN, PALAKKAL MURI, KARUNAGAPPALLY ,KOLLAM DISTRICT. ADV. SRI.M.P.RAMNATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.29822/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 19.12.2003 IN O.S.NO.492/2003 BEFORE THE MUNSIFF COURT, KARUNAGAPPALLY. EXT.P2: COPY OF THE MEMORANDUM OF APPEAL A.S.NO.320/2009 BEFORE THE DISTRICT COURT, KOLLAM DATED NIL. EXT.P3: COPY OF THE I.A.NO.2025/2009 IN A.S.NO.320/2009 BEFORE THE DISTRICT COURT, KOLLAM. EXT.P3(A): COPY OF THE I.A.NO.2026/09 IN A.S.NO.320/09 BEFORE THE DISTRICT COURT, KOLLAM. EXT.P4: COPY OF THE RELEVANT PORTION OF W.P.(C).19880/09 BEFORE THE HONOURABLE HIGH COURT OF KERALA, DATED 14.7.2009. EXT.P5: COPY OF THE ORDER DATED 15.7.2009 IN W.P.(C).NO.19880 OF 2009 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P6: COPY OF THE ADDITIONAL COUNTER AFFIDAVIT IN W.P.(C).NO.19880/09 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM DATED 2.8.2009. EXT.P7: COPY OF THE JUDGMENT IN W.P.(C).NO.19880/09 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM DATED 2.8.2009. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.29822 OF 2009 () ----------------------------------- Dated this the 15th day of January, 2010 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue a writ of prohibition or any other appropriate writ, direction or order restraining the Munsiff's Court, Karunagappally from proceeding ahead in any manner in E.P.No.312/2004 in C.S.No.492/2003 until the disposal of Exts.P3 and P3(a) by the District Court, Kollam. ii. to issue a writ of mandamus or any other appropriate writ, order or direction directing the District Court, Kollam to dispose of Exts.P3 and P3(a). iii. to stay all further execution proceedings in C.S.No.492/2003 before the Munsiff Court, Karunagappally until the disposal of the writ petition. The learned counsel for the respondent submits that the appeal preferred against the decree passed in O.S.NO.492 of 2003 has been dismissed as time barred. An affidavit has also WPC.29822/09 2 been filed by the respondent. The learned counsel for the petitioner submitting that he intends to prefer a second appeal, seeks for an order to keep in abeyance the delivery of the property, to have a breathing time to enable him to present such appeal. The learned counsel also requested for a direction for issue of the copy of the order passed by the court below dismissing his appeal A.S.No.320 of 2009 on the file of the District Court, Kollam. Considering the submissions made, I direct the District Judge, Kollam to issue a copy of the judgment/order in A.S.No.320 of 2009, if applied for, within a period of two weeks from the date of receipt/production of a copy of this judgment. The execution court, Munsiff Court, Karunagappally is also directed to keep in abeyance the delivery of the property for a period of three weeks from the date of this judgment. Writ petition is closed with the above directions. S.S.SATHEESACHANDRAN JUDGE prp