IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 OP(C).NO. 1163 OF 2010(O) ----------------------------------------- AS.100/2008 OF SUB COURT, CHERTHALA OS.40/2007 OF ADDL.MUNSIFF COURT,CHERTHALA (EP 317/2009) .................... PETITIONER: ------------------ NATARAJAN, S/O.SIVARAMA PILLAI, THEVARKARYATHIL, THANNEERMUKKAM MURI, THANEERMUKKAM NORTH VILLAGE. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) RESPONDENT(S): ------------------------- 1. K.N.SUKUMARA KURUP, S/O.BHASKASRA KURUP, `SRUTHI', PEROOR VILLAGE PEROOR KARAYIL, KOTTAYAM TALUK, KOTTAYAM DISTRICT-686 001. 2. INDIRAKUTTY, D/O.BHARATHI AMMA, OF DO. DO., PIN-686 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1163 of 2010 ==================================== Dated this the 15th day of December, 2010 J U D G M E N T Judgment debtor in E.P. No.317 of 2009 in O.S. No.40 of 2007 of the court of leaned Additional Munsiff, Cherthala is the petitioner before me seeking a direction to the learned Sub Judge, Cherthala to pass orders on Ext.P2, application filed in A.S No.100 of 2008 within a time frame and to stay further proceedings pursuant to Ext.P3, order passed by the executing court. Interim relief prayed for is that operation of Ext.P3, order may be stayed until disposal of Ext.P2, application. 2. Respondents filed O.S. No.40 of 2007 for declaration of title over plaint A schedule property, recovery of possession of building and for injunction. Petitioner filed O.S. No.832 of 2006. Suits were tried and disposed of jointly. O.S. No.40 of 2007 was decreed while O.S. No.832 of 2006 was dismissed. Petitioner filed A.S. No.100 of 2008 against judgment and decree in O.S. No.40 of 2007. In that appeal petitioner filed Ext.P2, application for stay of execution of the decree. Though that application was filed on 05.01.2010, it is now posted along with the appeal on 21.03.2011. In the meantime since there was no stay from the appellate court, O.P(C) No.1163 of 2010 -: 2 :- executing court proceeded with the execution petition and passed Ext.P3, order directing delivery to be effected on 20.12.2010. Learned counsel submits that if before Ext.P2, application for stay is disposed of property is delivered over, petitioner will be put to irreparable loss and injury. Having regard to the facts and circumstances of the case I am inclined to direct that delivery proceeding will stand in abeyance till 23.12.2010. In the meantime it will be open to the petitioner to apply before the learned Sub Judge to advance hearing of Ext.P2, application and seek appropriate orders. Original Petition is disposed of directing that Ext.P3, order for delivery in E.P. No.317 of 2009 in O.S. No.40 of 2007 of the court of learned Additional Munsiff, Cherthala will stand in abeyance till 23.12.2010. In the meantime if petitioner files an application to advance hearing of Ext.P2, application, learned Sub Jude shall consider that application having regard to the urgency of the matter and pass appropriate orders thereof before 23.12.2010 after hearing all parties. THOMAS P. JOSEPH, JUDGE. vsv