IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 2956 of 2007(B) ------------------------------------- (AS.8/2007 OF II ADDL. DISTRICT COURT, PALAKKAD .................... PETITIONERS: --------------------- 1. AJITHKUMAR, S/O.GOPINATHAN, 2. ANILKUMAR, S/O.GOPINATHAN, BOTH ARE RESIDING AT CHILAMBATH HOUSE, VALMUTTY LANE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.SUNIL J.CHAKKALACKAL. RESPONDENTS: ------------------------ 1. APPAN ALIAS KRISHNANKUTTY MENON, S/O.KANNANKUTTY MENON, RESIDING AT KRISHNA, NEAR CHITTUR KAVU, CHITTUR TALUK, PALAKKAD DISTRICT. 2. MOHANAN, S/O.KUNJU MANNADIAR, RESIDING AT CHILAMBATH HOUSE, VALMUTTY LANE, CHITTUR TALUK, PALAKKAD DISTRICT. R1 BY ADV. SRI.V.V.ASOKAN, ADV. SMT.S.AMINA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2956/2007-B: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE JUDGMENT IN R.S.A. NO. 1117/2006 ON THE FILE OF THIS HONOURABLE COURT DTD. 11/12/2006. EXT.P.2: COPY OF THE ORDER IN I.A. NO. 1840/2006 IN O.S. NO. 4292001 ON THE FILE OF THE COURT OF THE MUNSIFF OF CHITTUR DTD. 17/10/2006. EXT.P.3: COPY OF THE ORDER IN E.A. NO. 490/2006 IN E.P. NO. 204/2006 ON THE FILE OF THE COURT OF THE MUNSIFF OF CHITTUR DTD. 08/01/2007. EXT.P.4: COPY OF THE ORDER IN I.A. NO. 81/2007 IN A.S. NO. 8/2007 ON THE FILE OF THE COURT OF THE DISTRICT JUDGE OF PALAKKAD DTD. 18/01/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2956 OF 2007 = = = = = = = = = = = = = = = Dated this the 27th day of February, 2008. J U D G M E N T This writ petition is preferred with a prayer to direct the District Judge, Palakkad to dispose of A.S.8/07 and further to declare that the order of stay in Ext.P4 order has become infructuous in view of Ext.P2 order terminating receivership and delivery having been effected. The suit is one for recovery of possession on the strength of title. It has been decreed by the Courts and admittedly second appeal R.S.A.1117/06 was dismissed at the admission stage itself upholding the decree in favour of the plaintiff therein. 2. It has also to be stated that by Ext.P2 order the receivership of the party defendant in the suit was terminated on 17th October, 2006. Thereafter a claim application was filed which was dismissed by the Court and against that order an appeal is preferred and that is pending before the District Court as A.S.8/07. W.P.C 2956 OF 2007 -:2:- 3. In the said appeal the Court has granted a stay of the order of the Munsiff and the said order was passed on 18th January, 2007. It is submitted that the property was delivered to the decree holder at 2.30 p.m. on 18.1.07 in the presence of the officers as well as the police. The order of stay was communicated only thereafter and therefore it goes without saying that there was no stay in force which affects delivery of the property at that time. Therefore the delivery is not illegal and it is only in accordance with the terms of the decree. Therefore it goes without saying that the order under Ext.P4 has become infructuous in the light of the delivery already effected and this Court has further granted an order on 25.1.2007 that no redelivery should be ordered. I think the said position has to be maintained till a final decision is taken in A.S.8/07. Various contentions including the maintainability of the petition etc. are raised but those are all points which the appellate court has to consider after hearing the parties. Therefore the writ petition is disposed of with a direction to the District Judge, Palakkad to dispose of W.P.C 2956 OF 2007 -:3:- A.S.8/07 within a time frame of three months from the date of receipt of a copy of this judgment and it is further ordered that the possession of the writ petitioner herein shall not be disturbed till a decision is taken on A.S.8/07. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-