IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7704 of 2009(O ) AGAINST THE ORDER IN IA.365/2009 IN AS.86/2004 OF SUB COURT, NEYYATTINKARA OS.78/1964 of I ADDL.MUNSIFF'S COURT, NEYYATTINKARA (EP.10/2008) PETITIONER: --------------- GOPALAN NAIR, S/O. MADHAVI AMMA, KULAMTHALAKKAL VEEDU, KARODU DESOM, KULATHOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT: --------------- MADHUSOODHANAN NAIR, S/O. PADMANABHA PILLAI, SOBHA NIVAS, KARODE VILLAGE AND DESOM, THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 7704 OF 2009 O ------------------------------------------------------ Dated this the 11th March, 2009 JUDGMENT The only prayer made by the petitioner is to issue a direction to the Sub Court, Neyyattinkara to consider and pass orders on Ext.P3 application for stay (I.A.No.365 of 2009 in A.S.No.86 of 2004). Learned counsel for the petitioner submitted that though the application for stay was filed in February 2009, the court below has not considered the application. The counsel submitted that the proceedings in execution are being proceeded with. 2. It is submitted that the petitioner has even moved an application for advancing the hearing of I.A.No.365 of 2009. Still the court below has not considered the application. I am of the view that the court below can be directed to consider the application for stay (Ext.P3) at the earliest, taking into account the fact that the execution proceedings are being proceeded with. I am not inclined to grant any interim order to keep in abeyance the order for delivery passed in E.P.No.10 of 2008 in O.S.No.78 of 1964. It is for the lower appellate court to consider whether stay should be granted or not. Without the lower court considering the same, it is not proper for this Court, exercising jurisdiction under Article 227 of the Constitution of India, to stay the delivery. W.P.(C) NO. 7704 OF 2009 :: 2 :: The Writ Petition is disposed of directing the Sub Court, Neyyattinkara to consider Ext.P3 application (I.A.No.365 of 2009 in A.S.No.86 of 2004) expeditiously. (K.T.SANKARAN) Judge ahz/