IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 8478 of 2008(H) ------------------------- OS.244/2005 IN E.P. 214/2007 of ADDL.MUNSIFF COURT,KOCHI .................... PETITIONER: ------------- K.P. ANTONY, AGED 39, S/O. LATE K.V. PETER, KOCHUVELIYIL, C.C. 9/81, VELI, FORT KOCHI -1. BY ADV. SRI.V.N.VASANTH KUMAR RESPONDENT: --------------- FLORY XAVIER, AGED 50, W/O.XAVIER, KOCHUVELIYIL,HOUSE NO.CC. 9/81, KOCHI-1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 8478 OF 2008 --------------------- Dated this the 12th day of March, 2008 JUDGMENT This writ petition is filed with a prayer to set aside Ext.P10 order and allow Ext.P9 petition. The order, which is challenged, is one whereby the court below has refused to stay delivery of the property. 2. Learned counsel for the petitioner submits that he has moved an application for stay before the appellate court and it comes up for consideration on 27.3.08. I am conscious that there has been laches on the part of the writ petitioner in not moving in the right direction to get that stay application disposed of at an earlier date. But it is submitted by him that one of the parties was not served in the matter. 3. Therefore taking into consideration all these materials, I direct the court below not to deliver the property till 28.3.08. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps