IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 OP(CRL.).NO. 1843 OF 2011(Q) --------------------------------------------- PETITIONERS: ---------------------- 1. PRASANNAN, S/O.NANU, POKKATTETU VADAKKETHIL, THEKKEMANAKUZHI, BHARANIKKAVU, ALAPPUZHA DISTRICT. 2. BINDHU, W/O.PRASANNAN, POKKATTETU VADAKKETHIL, THEKKEMANAKUZHI, BHARANIKKAVU, ALAPPUZHA DISTRICT. BY ADV. SMT.K.NANDINI RESPONDENT(S): -------------------------- VIJAYAMMA, D/O.NANU, VRINDAVANAM VEEDU, THEKKEMANKUZHI, BHARANIKAVU VILLAGE, ALAPPUZHA DISTRICT. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10/06/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.1843 of 2011 ==================================== Dated this the 10th day of June, 2011 J U D G M E N T Notice to the respondent is dispensed with in view of the order I propose to pass. 2. Prayer in this petition is to keep in abeyance execution of Ext.P6, order till disposal of Crl. Appeal No.266 of 2011. Challenging order dated 04.06.2011 of the court of learned Judicial First Class Magistrate, Kayamkulam in M.C. No.117 of 2009 petitioner had filed O.P(Crl.) No.1793 of 2011. That Petition was disposed of by this Court as per judgment dated June 06, 2011 directing learned Magistrate to issue copy of order dated 04.06.2011 on C.M.P. No.3010 of 2011 in M.C. No.117 of 2009 to the petitioners as early possible and operation of that order was stayed for five days from the date notified for delivery of a copy of the judgment. This Court also clarified that the said judgment will not prevent respondent staying in the house in question. Learned counsel submitted that petitioner has already filed Crl. Appeal No.266 of 2011 in the court of learned Sessions Judge, O.P(Crl.) No.1843 of 2011 -: 2 :- Alappuzha in challenge of the order dated 04.06.2011 on Crl. M.P. No.3010 of 2011. Grievance of petitioner is that the application for stay has not been taken into consideration by the learned Sessions Judge. Having regard to the difficulties stated by learned counsel it is directed that the direction contained in the judgment dated June 06, 2011 in O.P(Crl.) No.1793 of 2011 that the order in Crl. M.P. No.3010 of 2011 in M.C. No.117 of 2009 shall stand in abeyance for five days from the date notified for delivery of a copy of the judgment will stand extended till 15.06.2011 subject to the other conditions contained in the said judgment. Writ Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv