IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 18741 of 2010(O) -------------------------- AS.241/2009 of ADDL.DISTRICT COURT-I,MAVELIKKARA OS.332/2000 of MUNSIFF COURT,KAYAMKULAM .................... PETITIONER: --------------- VASANTHI, D/O.NARAYANI, KADACKAL VADAKKETHIL VEEDU, PUTHUPPALLY VADAKKU KOCHU MURI, PUTHUPPALLY VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENT: --------------- SAHADEVAN, S/O.PARAMU, KADACKAL VADAKKETHIL VEEDU, PUTHUPPALLY VADAKKU KOCHU MURI, PUTHUPPALLY VILLAGE, PIN: 690 527. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.18741 of 2010 --------------------------------------- Dated this 16th day of June, 2010 JUDGMENT Defendant No.1 in O.S.No.332 of 2000 of the court of learned Munsiff, Kayamkulam is the petitioner before me. There was a preliminary decree for partition of the suit properties and as per direction contained therein, Ext.P4, application for passing a final decree has been filed. In the meantime the preliminary decree was challenged in A.S.No.241 of 2009 in the court of learned District Judge, Mavelikkara. Since respondent filed a caveat in A.S.No.241 of 2009 petitioner was not able to get a stay of further proceedings on the application to pass final decree. Writ petitioner seeks stay of further proceedings in the final decree. Since the appeal from preliminary decree is pending consideration of learned District Judge, it is open to the petitioner to move for stay in that court and if respondent has filed a caveat or entered appearance after giving notice to the counsel for caveator on the application. There is no reason why this court should interfere in the matter and grant stay as prayed for. Hence without prejudice to the right of petitioner to pursue his prayer for stay filed in A.S.No.241 of 2009 as provided under law this writ petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-