IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 433 of 2008(B) ----------------------------------- AS.197/2006 OF ADDL.DISTRICT COURT-I,MAVELIKKARA, OS.99/2001 OF MUNSIFF COURT,HARIPAD. .................... PETITIONERS/ APPELLANTS: ------------------------------------------ 1. SUBHADRA @ SULEKHA BEAGAM, AGED 65, D/O.K.N.KUNJIKRISHNAN, NOW RESIDING AT PART OF PALATHINGAL HOUSE, VALIYAKUZHI MURI, CHEPPAD VILLAGE. 2. SHAJU BACKER, S/O.ABDUL HAMEED BACKER, RESIDING AT -DO, -DO-. 3. SHAJILA,W/O.SHAJU BACKER, RESIDING AT -DO-, -DO-. BY ADV. SRI.R.PADMAKUMAR, ADV. SRI.R.T.PRADEEP. RESPONDENT/ RESPONDENT: -------------------------------------------- SHAJIL RASHEED, S/O.ABDUL RASHEED, KODUVALLIL VEETTIL, VALIYAKUZHI MURI, CHEPPAD VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 433 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of January, 2008. J U D G M E N T This writ petition is preferred to direct the Addl. District Judge, Mavelikkara to dispose of I.A.1459/06 in A.S.197/06 within a time frame and till then to defer the delivery of the property. By my judgment dated 5.9.07 I directed the executing Court not to deliver the property for a period of 5 weeks and thereafter I extended the same for another period of four weeks as per order dated 28.11.07. 2. The grievance of the writ petitioner is that though he has filed the application for condoning the delay in 2006 and service is complete the Addl. District Judge has not disposed of the delay condonation application which has resulted in injustice to him and if delivery is ordered before passing the order in that application it will cause him considerable hardship. The writ petitioner has been knocking at the doors of the Court for entertainment of his appeal and one cannot find fault with him for complaining in not W.P.C 433 OF 2008 -:2:- disposing of the delay condonation application which is only of 72 days. Taking into consideration the facts and circumstances of the case I direct the Addl. District Judge, Mavelikkara to dispose of I.A.1459/06 in A.S.197/06 within a time frame of one month from today and further direct the Munsiff, Haripad to defer the delivery of the property for a period of six weeks from today. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-