IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.MC.No. 1938 of 2008() ------------------------- AGAINST THE ORDER DATED 05/05/2008 IN CRMP.785/2008 IN CRA.73/2008 of SESSIONS COURT, KALPETTA MC.64/2007 of JUDL.MAGISTRATE OF FIRST CLASS, SULTHANBATHERY .................... PETITIONER: PETITIONER/APPELLANT/RESPONDENT ------------------------------------------- P.R.VELAYUDHAN NAIR, S/O.RAMAN NAIR, PREETHALAYAM HOUSE, 10 HOUSE COMPOUND, SANTHIN NAGAR,KAZHAKKOTTAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.N.NAGARESH RESPONDENTS: RESPONDENT/RESPONDENT/PETITIONER --------------------------------------------- CHIMMINIKKARA KARTHIAYANI, W/O.P.RAMAN NAIR,AGED 80 YEARS, PAROKKATT HOUSE,MALIKAKUNNU,NENMENI, AMBALAVAYAL P.O.,SULTHAN BATTERI TALUK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1938 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2008 O R D E R Against the petitioner, Annex.4 order has been passed by the learned Magistrate invoking his powers under the Protection of Women from Domestic Violence Act. The petitioner preferred an appeal and sought suspension of the impugned order. The learned Sessions Judge, Wayanad, by the impugned order produced as Annex.5, granted only a partial stay. 2. The petitioner is aggrieved by the refusal of his prayer for grant of interim stay, pending appeal, of the direction to him and the purchaser, who has allegedly purchased the property from him to provide accommodation to the claimant. 3. I have heard the learned counsel for the petitioner. I am satisfied that the interests of justice shall be served by directing the Sessions Judge, Wayanad to dispose of Crl.A.No.73 of 2008 as expeditiously as possible, at any rate, within a period of three months from the date on which a copy of this order is produced Crl.M.C.No. 1938 of 2008 2 before the learned Judge. It is further directed that no prosecution against the petitioner shall be initiated till the disposal of the appeal for non-compliance with the direction to provide accommodation to the respondent herein in the house, which is allegedly sold by him. 4. This Crl.M.C. is allowed to the above extent. 5. Hand over the order. (R. BASANT) Judge tm