IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 26716 of 2008(E) -------------------------- I.A.NO.782/2008 IN AS.130/2005 of SUB COURT,KOTTARAKKARA .................... PETITIONER(S): ------------------------ JOHN PANICKER , S/O.CHANDAPILLA PANICKER, VADAKKADATHU VEEDU, IRUMPANANGADU MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK. BY ADVS. MR.V.V.RAJA, MR.R.RANJITH. RESPONDENT(S): --------------------------- 1. DANIEL ALEXANDER, THOPPUVILA PUTHEN VEEDU, IRUNGOOR MURI, KOTTARAKKARA TALUK, 2. KOZHY PANICKER MARIYAMMA, THOPPUVILA PUTHEN VEEDU, IRUNGOOR MURI, KOTTARAKKARA TALUK FROM PALAVILA THEKKETHIL, KIZHAKKE MARANADU MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK. R1 & R2 BY ADV. MR.VINOY VARGHESE KALLUMOOTTILL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26716/2008 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMON JUDGMENT IN O.S.82 OF 1980 AND O.S.NO.97 OF 1980 DTD. 25/01/2005 OF THE MUNSIFF COURT, KOTTARAKKARA. P2: COPY OF THE ORDER OF THE LEARNED SUBORINATE JUDGE, KOTTARAKKARA DTD. 23/07/2008 IN I.A.NO.782 OF 2008 IN A.S.NO.130 OF 2005. P3: COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT, KOTTAKKARA IN E.P.NO.7 OF 2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.26716 of 2008 - E --------------------------------- Dated this the 4th day of August, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: “i) To call for the records leading to Ext.P2 and may quash the same by issuing a writ in the nature of certiorari. ii) To direct the learned Sub Judge, Kottarakkara to allow I.A.No.782 of 2008 in A.S.No.130/2005 and pass orders staying all further proceedings in execution in O.S.No.97 of 1980 of the Munsiff Court, Kottarakkara.” 2. Parties in the writ petition were the contesting parties in two suits O.S.No.97 of 1980 and O.S.No.82 of 1980, both of which were jointly tried by the Munsiff Court, Kottarakkara. Petitioner filed O.S.No.82 of 1980 for declaration of his title, possession and perpetual prohibitory injunction. The respondents filed O.S.No.97 of 1980 for the same reliefs. After trial, O.S.No.82 of 1980 was dismissed and O.S.No.97 of 1980 was decreed in favour of the respondents. Petitioner preferred two appeals against the decree and judgment passed in the above two suits and while the appeals are pending, respondent moved an application under Order XXI Rule 32 CPC before the execution W.P.(C).No.26716 of 2008 - E 2 court alleging violation of the decree of injunction by the petitioner. Immediately, petitioner moved an application in the pending appeals, under Order XLI Rule 5 CPC for staying the operation of the decree in O.S.No.97 of 1980. That application was dismissed by the appellate court and propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. 4. Having regard to the submissions made and the facts and circumstances presented, I find that an early hearing and disposal of the two appeals, A.S.Nos.129 and 130 of 2005, both pending before the Sub Court, Kottarakkara, is essential to give a quietus to the whole controversy. Submissions made by the counsel indicate that service is complete in the appeals and they are ready and ripe for hearing. Appeals are seen filed nearly four years ago. The learned Sub Judge is directed to hear and dispose of the two appeals, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. The learned counsel for the respondent also fairly W.P.(C).No.26716 of 2008 - E 3 submitted that E.P.No.7 of 2008 filed before the execution court alleging violation of the decree of injunction by the respondent will not be pursued till the appeals are heard and disposed on merits, but, reserving his right to file fresh petition in the event of any subsequent violation of the decree already granted in favour of the petitioner/counter petitioner in the pending execution petition. Submissions made by the counsel as above is recorded. 5. Learned Munsiff, Kottarakkara is directed to keep in abeyance further proceedings in E.P.No.7 of 2008 till the disposal of the above mentioned appeals. This judgment will not affect the rights of the respondent to move application, if need be, if there is subsequent violation of decree of injunction by the petitioner. Subject to the aboservation made above the writ petition is closed. Hand over a copy of the judgment to the counsel on both sides and transmit a copy to the Sub Court and Munsiff Court, Kottarakkara. S.S.SATHEESACHANDRAN, JUDGE. bkn/-