IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 12243 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 4077/2008 IN AS.140/2008 of PRL.S.C.,THALASSERY OS.194/2007 of ADDL.MUNSIFF COURT, KANNUR .................... PETITIONERS(S): --------------- 1. K.V.SINI RAMESAN, W/O.LATE RAMESAN, RESIDING AT 'THEJAS', P.O.TALIPARAMBA, KANNUR DISTRICT. 2. SREEJITH K.V., S/O.KUNHAMBU, RESIDING AT 'THEJAS', P.O.TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): --------------- P.V.MOHANAN, S/O.KUNHAPPA, BUSINESS, RESIDING AT PUTHIYAVEETTIL, P.O.CHERUKUNNU, KANNAPURAM, KANNUR DISTRICT. ADV. SRI.GRASHIOUS KURIAKOSE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).12243/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.194/07 EXT.P2: COPY OF THE JUDGMENT IN O.S.NO.194/07 DATED 26.5.08 ON THE FILE OF THE ADDITIONAL MUNSIFF COURT, KANNUR. EXT.P3: COPY OF THE APPLICATION FOR STAY IN I.A.NO.4077/08 IN A.S.NO.140/08 EXT.P4: COPYOF THE ORDER IN I.A.NO.4077/08 IN A.S.NO.140/08 DATED 19.11.08 ON THE FILE OF THE PRINCIPAL SUB COURT, THALASSERY. EXT.P5: COPY OF THE COUNTER FILED BY THE RESPONDENT. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.12243 OF 2009 () ----------------------------------- Dated this the 27th day of July, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: i. to call for the records in I.A.No.4077/2008 in A.S.No.140/2008 on the file of the Principal Sub Court, Thalassery. ii. to direct the Sub Judge, Thalassery to issue carbon copy of the order dated 7.4.2009 in I.A.No.4077/2008 in A.S.No.140/2008, vacating the order of stay within such time this Honourable Court deem fit to grant. Iii. to direct the Sub Judge, Thalassery to rehear in I.A.No.4077/2008 in A.S.No.140/2008 and dispose on merits. iv. to stay the operation of the decree and judgment in O.S.No.194/2007 on the file of Munsiff's Court, Kannur till the disposal of A.S.No.140/2008. v. to grant such other reliefs as this Honourable Court may deem fit and proper as on the facts and circumstances of the case. W.P.(C).12243/09 2 2. Petitioners are defendants in O.S.No.194/2007 on the file of the Additional Munsiff Court, Kannur. Suit was one for perpetual prohibitory injunction and the respondent was the plaintiff. Suit was decreed. Against which, the defendant preferred an appeal as A.S.No.140/2008 before the Principal Sub Court, Thalassery. An application moved with the appeal for interim stay of the decree was allowed by the learned Sub Judge, to which the respondents on appearance, filed objections. On a posting date when the appellant's counsel was absent, the order of stay was vacated, is the grievance canvassed in this writ petition, which has been filed invoking the supervisory jurisdiction vested with this Court for the afore mentioned reliefs. 2. I heard the counsel on both sides. The learned counsel appearing for the respondent fairly submitted that subject to a direction for an expeditious disposal of the appeal an order for keeping in abeyance the operation of the decree can be granted till the disposal of the appeal. There shall be an order for keeping in abeyance the operation of the decree W.P.(C).12243/09 3 till the disposal of the appeal, and the learned Sub Judge, Thalassery is directed to hear and dispose the appeal as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. Writ petition is disposed as above. Handover a copy of this judgment to the counsel on both sides on usual terms, and transmit a copy of this judgment to the court below forthwith. S.S.SATHEESACHANDRAN JUDGE prp