IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 17624 of 2010(O) -------------------------- AS.120/2010 of DISTRICT COURT, THRISSUR OS.577/2000 of PRL.SUB COURT,THRISSUR .................... PETITIONER: --------------- UMMER, AGED 46, S/o. ALIMA & PALAKKAL KUNHIMON THIRUVATRA DESOM MANATHALA VILLAGE CHAVAKKAD TALUK BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: --------------- 1. MOHAMMED, AGED 56 S/o.ALUKKAL KHADER, THIRUVATRA DESOM MANATHALA VILLAGE, CHAVAKKAD TALUK 2. VEERAVUNNY AGED 53 S/o.ALUKKAL KHADER, THIRUVATRA DESOM MANATHALA VILLAGE, CHAVAKKAD TALUK 3. KUNJUMARAKKAR AGED 50 S/o.ALUKKAL KHADER, THIRUVATRA DESOM MANATHALA VILLAGE, CHAVAKKAD TALUK 4. AISU, AGED 58 D/o.ALUKKAL KHADER, THIRUVATRA DESOM MANATHALA VILLAGE, CHAVAKKAD TALUK 5. USMAN, S/o. ALIMA & PALAKKAL KUNHIMON THIRUVATRA DESOM MANATHALA VILLAGE CHAVAKKAD TALUK 6. NAFEESU PALAKKAL KUNHIMON THIRUVATRA DESOM MANATHALA VILLAGE CHAVAKKAD TALUK 7. SUHARA D/o PALAKKAL KUNHIMON MANATHALA DESOM MANATHALA VILLAGE CHAVAKKAD TALUK 8. SIDDIQUE, S/o.PALAKKAL KUNHIMON MANATHALA DESOM MANATHALA VILLAGE CHAVAKKAD TALUK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) .No.17624 of 2010 ==================================== Dated this the 8th day of June, 2010 J U D G M E N T The writ petitioner is defendant No.2 in O.S.No.577 of 2000 of the learned Principal Sub Judge, Thrissur for a declaration and recovery of possession of the suit property instituted by respondent Nos.1 to 4. That suit was decreed as per Ext.P1, judgment. Petitioner has filed an appeal from the judgment and decree with an application to condone the delay of 630 days. An application for stay of execution of the decree has also been moved in that appeal as learned counsel tells me. In the meantime respondents have filed E.P.No.365 of 2008 and sought delivery of the property. Execution petition is posted on 09-06- 2010 for delivery. The prayer of petitioner is to direct learned Principal District Judge to dispose of Exts.P3 and P4, applications for condonation of delay and stay of execution preferred in the appeal and in the meantime to stay execution of the decree. Learned counsel states that the appeal is now posted on 02-07- 2010. 2. Indisputably the appeal has been preferred with a delay of 630 days. In the circumstance, I do not think it necessary W.P.C. No.17624 of 2010 -: 2 :- to stay the execution of the decree. But, I make it clear that it will be open to the petitioner to make such a request in the executing court stating about pendancy of the appeal and Exts.P3 and P4, applications and if any such request is made it is for the executing court to pass appropriate orders in the matter. I also make it clear that it is open to the petitioner, if service of notice is complete to request learned Principal District Judge to expedite disposal of Exts.P3 and P4, applications if necessary by advancing hearing of the applications from 02-07-2010 and if any such request is made learned District Judge shall consider that request and pass appropriate orders. with the above direction the writ petition is disposed of. THOMAS P. JOSEPH, JUDGE. Sbna/