IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29636 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 271 /2009 IN OS.1414/2007 of PRL. MUNSIFF COURT.,ERNAKULAM AS.99/2009 of DISTRICT COURT, ERNAKULAM .................... PETITIONER(S): DEFENDANT/JUDGEMENT DEBTOR ----------------------------------------- RAVEENDRAN, S/O.VISWAMBHARAN, AGED 49, 'SOBHALAYAM', PANANGAD P.O., KUMBALAM VILLAGE, KANAYANOOR TALUK, ERNAKULAM DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): PLAINTIFF/DECREE HOLDER -------------------------------------- VALSALA SURENDRAN, W/O.SURENDRAN, AGED 46, EDATHIKKOVIL, PANANGAD DESOM, KUMBALAM VILLAGE, ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.29636 OF 2009 (O) ----------------------------------- Dated this the 20th day of October, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to direct the Principal Munsiff Court, Ernakulam to defer all proceedings in E.P.No.271/2009 in O.S.No.1414/2007 till the disposal of A.S.No.99/2009 on the file of District Court, Ernakulam. ii. to direct the District Court, Ernakulam to dispose of A.S.No.98/2009 and A.S.No.99/2009 at the earliest and within a definite time frame. 2. Petitioner is the plaintiff in O.S.No.281 of 2008 on the file of the Munsiff Court, Ernakulam, and the respondent is the defendant in the suit. The respondent has filed another suit earlier as O.S.No.1414 of 2007, in which, the petitioner WPC.29636/09 2 was the defendant. Both the suits, after being heard together, were disposed under a common judgment. Suit filed by the respondent was decreed, and that of the petitioner, dismissed. Petitioner has preferred two appeals as A.S.Nos.98 of 2009 and 99 of 2009, the former against the dismissal of his suit O.S.No.281 of 2008, and the later against a decree in O.S.No.1414 of 2007, and both appeals are pending before the District Court, Ernakulam. In the appeal, A.S.No.98 of 2009 preferred against the dismissal of his suit O.S.No.281 of 2008, petitioner has got an order of statusquo. However, his application for staying the execution of the decree in O.S.No.1414 of 2007, the decision of which was challenged in A.S.No.99 of 2009 is yet to be considered by the court. Grievance of the petitioner is that despite passing of an order of statusquo in his suit, the respondent is taking hasty steps for executing the decree passed in O.S.No.1414 of 2007, and, pursuant thereto, the execution court has deputed a commissioner for putting up the boundary. An application moved by the petitioner before the execution court intimating the statusquo order passed in A.S.No.98 of 2009 and seeking WPC.29636/09 3 for withdrawal of the order issued appointing the commissioner for putting up of boundary is yet to be considered by that court. Ext.P7 is that application. In these circumstances, petitioner has approached this Court seeking the reliefs aforementioned invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary, and, hence, it is dispensed with. The learned counsel for the petitioner submits that the respondent has entered appearance in both appeals now pending before the District Court, Ernakulam. That being so, I direct the learned District Judge to consider Ext.P4 application moved by the petitioner in A.S.No.99 of 2009 and dispose it after hearing both sides, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt/production of a copy of this judgment. The execution WPC.29636/09 4 court, the Principal Munsiff Court, Ernakulam is directed to keep in abeyance further proceedings in execution of the decree in O.S.No.1414 of 2007 for a period of six weeks from the date of this judgment. Writ petition is disposed with the above direction. Handover a copy of the judgment to the counsel for the petitioner on usual terms and send a copy of the judgment to the District Court, Ernakulam and also the Principal Munsiff Court, Ernakulam forthwith. S.S.SATHEESACHANDRAN JUDGE prp