IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 3242 of 2010(O) ------------------------- AS.15/2009 of SUB COURT,ATTINGAL OS.136/2006 of MUNSIFF COURT,VARKALA .................... PETITIONER: --------------- B.RAVEENDRAN, S/O.BHARATHAN, AGED 58 YEARS, DAYANA HOUSE, PUTHENCHANTHA, VARKALA, THIRUVANANTHAPURAM. SHOP ADDRESS:- NEW THRIVENI, FANCY, S.N.SHOPPING COMPLEX, PUTHENCHANTHA, VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR RESPONDENT: --------------- SUDHA, D/O.NANU, AGED 51 YEARS, FLAT.NO.424, 3RD FLOOR, BLOCK-7, E.M.S.NAGAR, PATTOOR, THIRUVANANTHAPURAM. FROM, S.NIVAS, PUTHENCHANTHA, VETTOOR DESOM, VARKALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 3242 of 2010 ---------------------------------------------------- Dated this the 1st day of February, 2010. JUDGMENT The writ petitioner is the defendant in O.S. No. 136 of 2006 on the file of the Munsiff's Court, Varkala. The said suit instituted by the respondent herein was one for eviction with arrears of rent from the plaint schedule property. As per Ext.P1 judgment dated 31.10.2008, the suit was decreed. Aggrieved by the judgment and decree passed by the trial court, the petitioner claims to have filed Ext.P2 appeal before the Sub Court, Attingal as A.S. No. 15 of 2009. He also claims to have filed Ext.P3 application (I.A. No. 243 of 2009) for saty of execution of decree. His grievance is that since the respondent had lodged a caveat before the lower appellate court, neither the appeal nor the stay petition is being taken up for hearing and in the mean while, the execution proceeding are continued against him and he stands the risk of being dispossessed in execution. 2. It is not clear whether the Sub Court, Attingal had admitted the appeal under Order 41 Rule 11 C.P.C. If the appeal has been admitted, an order is called for on Ext.P3 (I.A. No. 243 W.P.(C) No. 3242/2010 : 2 : of 2009) which is an application for stay. 3. This writ petition is disposed of directing the Sub Court, Attingal to pass orders on I.A No. 243 of 2009 in A.S. No. 12 of 2009 within one month of receipt of a copy of this judgment in case that court has already admitted the appeal. If that court is unable to pass any orders on the said application due to reasons beyond its control, the Sub Court shall send a report to the Registrar of this Court explaining the reasons as to why the above direction cannot be complied with. Execution proceedings shall be kept in abeyance for a period of one month. Dated this the 1st day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 3242/2010 : 3 :