IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No.35590 of 2008 (J) --------------------------------- AGAINST THE ORDER IN I.A 1106/2008 IN AS.229/2008 of I ADDL. DISTRICT COURT, PALAKKAD. OS.151/2004 of PRL.MUNSIFF COURT, PALAKKAD. .................... PETITIONER: --------------- M.RAJAN, S/O.LATE MUTHU, AGED 50 - YEARS, VENNAKKARA, NURANI P.O., PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------------ 1. K.RAMAKRISHNAN, S/O.LATE N.L.PARASURAMA IYER, AGED 58 YEARS, 'SRIPADMAM', STREET NO.5, VENNAKKARA, NURANI P.O., PALAKKAD DISTRICT. 2. K.VALSALAKUMARI, W/O.K.RAJAGOPAL, KUNNATH HOUSE, STREET NO.5, VENNAKKARA, NURANI P.O., PALAKKAD DISTRICT. 3. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD. ADV. SRI.T.SETHUMADHAVAN FOR R1-2 SRI.K.JAYESH MOHANKUMAR FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.35590 of 2008 ------------------------------------------------ Dated this the 2nd day of December, 2008 JUDGMENT All respondents 1 to 3 entered appearance through lawyer. Heard counsel on both sides. 2. What is assailed in this Writ Petition is Ext.P7 order passed by the first appellate court in A.S.229/08 filed by the petitioner/ first defendant refusing to stay the executable portion of the decree appealed against which provides for laying of a pipe line connecting the outlet on the compound wall of item No.2 property in plaint 'A' schedule and the municipal drainage on the South through the Eastern side of the building of the first defendant so as to let out excess rain water from the plaintiffs' property by deputing a Commissioner to supervise the work. Admittedly the petitioner has not complied with the directions. The lower appellate court W. P. C. No.35590 of 2008 -2- has observed in Ext.P7 order that if the execution of the decree appealed against is stayed respondents 1 and 2 will be put to irreparable hardship and therefore, stay of execution cannot be granted, but at the same time, it was observed that if the petitioner/ appellant makes necessary application to have the appeal heard and disposed of, the appeal itself can be heard and disposed of. The petitioner may move appropriate petition to have the hearing of A.S.229/08 advanced and to have it disposed of as ordered in Ext.P7. To enable the petitioner to get the appeal considered and disposed of on merits, I order stay of execution proceedings for a period of one month from today. The petitioner may produce a copy of this judgment before the first appellate court forthwith to enable that court to have the appeal heard and disposed of at the earliest. W. P. C. No.35590 of 2008 -3- 3. This Writ Petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-