IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 OP(C).No. 4193 of 2011(O) ------------------------------------ A.S.NO.181/2011 DISTRICT COURT, KOTTAYAM E.P.NO. 249/2011 IN OS.17/1989 of MUNSIFF'S COURT, VAIKOM ............................................................................................................. PETITIONERS : --------------------- 1. NABEESA BEEVI, AGED 70 YEARS, D/0. NAVURKANI RAWTHER, RESIDING AT THOTTINOZHATHU HOUSE, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKOM TALUK, P.O. THALAYOLAPARAMBU-686 605, KOTTAYAM DISTRICT, REPRESENTED BY NEXT FRIEND AND HER DAUGHTER AND GUARDIAN LAILA BEEVI. 2. NAJERA BEEVI, AGED 52 YEARS, D/O. NABEESA BEEVI, RESIDING AT THOTTINOZHATHU HOUSE, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, P.O. THALAYOLAPARAMBU - 686 605, VAIKOM TALUK, KOTTAYAM DISTRICT. 3. LAILA BEEVI, AGED 52 YEARS, D/O. NABEESA BEEVI, RESIDING AT THOTTINOZHATHU HOUSE, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, P.O. THALAYOLAPARAMBU - 686 605, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.K.SHRIHARI RAO SMT.N.SHOBHA SRI.K.S.BALAKRISHNAN RESPONDENTS : ------------------------ 1. SULEKHA BEEVI, AGED 68 YEARS, W/O. MOIDEEN RAWTHER THOTTINEZHATH HOUSE, THALAYOLAPARAMBU, VADAYAR VILLAGE, P.O. THALAYOLAPARAMBU, VAIKOM TALUK, KOTTAYAM DISTRICT- 686 605. DSV/- OP(C).No. 4193 of 2011(O) 2. SALIM, AGED 37 YEARS, S/O. MOIDEEN RAWTHER, THOTTINEZHATH HOUSE, THALAYOLAPARAMBU, VADAYAR VILLAGE, P.O. THALAYOLAPARAMBU, VAIKOM TALUK, KOTTAYAM DISTRICT- 686 605. 3. NASEEMA, AGED 35 YEARS, D/O. MOIDEEN RAWTHER, THOTTINEZHATH HOUSE, THALAYOLAPARAMBU, VADAYAR VILLAGE, P.O. THALAYOLAPARAMBU, VAIKOM TALUK, KOTTAYAM DISTRICT- 686 605. 4. SEENATH, AGED 31 YEARS, D/O. MOIDEEN RAWTHER, THOTTINEZHATH HOUSE, THALAYOLAPARAMBU, VADAYAR VILLAGE, P.O. THALAYOLAPARAMBU, VAIKOM TALUK, KOTTAYAM DISTRICT- 686 605. 5. HAYARUNNISSA, AGED 28 YEARS, D/O. MOIDEEN RAWTHER, THOTTINEZHATH HOUSE, THALAYOLAPARAMBU, VADAYAR VILLAGE, P.O. THALAYOLAPARAMBU, VAIKOM TALUK, KOTTAYAM DISTRICT- 686 605. 6. NISSAR, AGED 26 YEARS, S/O. MOIDEEN RAWTHER, THOTTINEZHATH HOUSE, THALAYOLAPARAMBU, VADAYAR VILLAGE, P.O. THALAYOLAPARAMBU, VAIKOM TALUK, KOTTAYAM DISTRICT- 686 605. 7. SULAIMAN, AGED 71 YEARS, S/O. NAVURKANI RAWTHER, RESIDING AT MAHIL MANZIL, KOTTIPPLIPARAMBIL, VELOORKARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK, P.O. KOTTAYAM - 686 501. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- OP(C).No. 4193 of 2011(O) APPENDIX PETITIONERS' EXHIBITS: EXT P1 : COPY OF THE MEMORANDUM OF APPEAL AS NO.181/2011 PENDING BEFORE THE ADDITIONAL DISTRICT COURT NO.III (SPECIAL COURT), KOTTAYAM. EXT P2 : COPY OF THE DECREE DATED 31/03/2011 IN O.S.NO.17/89 ON THE FILE OF THE MUNSIFF'S COURT, VAIKOM. EXT P3 : COPY OF THE I.A.NO.1148/2011 IN A.S.NO. 181/2011 WITH AFFIDAVIT ON THE FILE OF THE ADDITIONAL DISTRICT COURT NO.III, (SPECIAL COURT), KOTTAYAM. EXT P4 : COPY OF THE I.A.NO.1146/2011 IN A.S.NO. 181/2011 WITH AFFIDAVIT ON THE FILE OF THE ADDITIONAL DISTRICT COURT NO.III, (SPECIAL COURT), KOTTAYAM. EXT P5 : COPY OF THE E.P.NO.249/2011 IN O.S.NO.17/89 ON THE FILE OF THE MUNSIFF'S COURT, VAIKOM EXT P6 : COPY OF THE AFFIDAVIT IN SUPPORT OF THE E.P.NO.249/11 IN O.S.NO.17/89 DATED 18/11/2011 ON THE FILE OF THE MUNSIFF'S COURT, VAIKOM. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4193 of 2011 -------------------------------------- Dated this the 20th day of December, 2011. JUDGMENT Petitioners are the defendants in O.S.No.17 of 1989 of the court of learned Munsiff, Vaikom. Respondents have obtained a decree for eviction of petitioners from the building in question. Petitioners challenged that judgment and decree in A.S.No.181 of 2011 which is pending before learned Additional District Judge-III (Special Court), Kottayam. Since that appeal is preferred beyond the prescribed time petitioners have filed I.A.No.1148 of 2011 to condone the delay of 29 days. They have also filed I.A.No.1146 of 2011 to stay execution of the decree. Since the delay is not condoned and the appeal is not admitted, the application for stay could not be taken up for hearing. (Learned counsel submits that I.A.No.1148 of 2011 is posted for objection on 20.12.2011. ) In the meantime, respondents are executing the decree and have filed E.P.No.249 of 2011 in the court of learned Munsiff, Vaikom. That execution petition is posted on 02.01.2012 for delivery of property. Hence it is prayed that execution proceedings may be kept in abeyance until I.A.No.1148 of 2011 is disposed of. 2. Having heard learned counsel I am inclined to grant some relief to the petitioners. OP(C)No.4193/2011 2 Resultantly this Original Petition is disposed of as follows: i. Learned Additional District Judge-III (Special Court), Kottayam is directed to dispose of I.A.No.1148 of 2011 in A.S.No.181 of 2011 after preliminary steps are completed as early as possible, at any rate before 10.01.2012. ii. It is directed that delivery of property in E.P.No.249 of 2011 (in O.S.No.17 of 1989 of the court of learned Munsiff, Vaikom) will stand adjourned till 10.01.2012 or till learned Additional District Judge passes orders on I.A.No.1148 of 2011, whichever is earlier. THOMAS P.JOSEPH, Judge. cks