IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24721 of 2008(R) -------------------------- AS.31/2008 of SUB COURT, PAYYANNUR EP.4/2008 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONER: ------------ CHENICHERIU PARUKUTTY AMMA, D/O. SREEDEVI AMMA, AGED 71, RESIDING AT ANDOOR AMSOM, DESOM, THALIYIL, KALYASSERY.P.O, THALIPARAMBA TALUK, KANNUR. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN RESPONDENTS: ------------- 1. EDAVAN PUTHALATH BALAKRISHNAN NAMBIAR, KALLYASSERY AMSOM, DESOM, ANCHAM PEEDIKA POST, KANNUR TALUK. 2. EDAVAN PUTHALATH RADHAMANI AMMA, KALYASSERY AMSOM, DESWOM ANCHAM PEEDIKA POST, KANNUR TALUK. 3. EDAVAN PUTHALATH UNNIKRISHNAN NAMBIAR, KALYASSERY AMSOM, DESOM, ANCHAM PEEDIKA POST, KANNUR. 4. PAPPINISSERY CHANDROTH PADINJARE VEETIL KAMLAKSHI AMMA, D/O.LATE RAMAN NAMBIAR, KALYASERY AMSOM, DESOM, ANCHAM PEEDIKA POST, KANNUR TALUK. 5. CHENISSERY GOVINDAN NAMBIAR, S/O. MADHAVI AMMA, ANDOOR AMSOM DESOM, THALIYIL, KALYASSERY.P.O, THALIPARAMBA TALUK, KANNUR. W.P.(C) No.24721 of 2008 : 2 : 6. PAPPINISSERY CHANDROTH PADINJARE VEETIL PUSHPAVALLY, MAYYIL AMSOM DESOM, MAYYIL.P.O, THALIPARAMBA TALUK, KANNUR. 7. PAPPINISSERY CHANDROTH PADINJARE VEETIL GIRIJA, KALYASSERY AMSOM, KARNAPURAM DESOM, MATTAMMAL, ANCHAM PEEDIKA.P.O, KANNUR TALUK. 8. PAPPINISSERY CHANDROTH PADINJARE VEETIL LATHA, KALYASSERY AMSOM, DESOM, ANCHAM PEEDIKA POST, KANNUR TALUK. 9. ANDOOR VEETIL SARADA, ANDOOR AMSOM DESOM, THALIYIL.P.O, KALYASSERY, THALIPARAMBA TALUK, KANNUR. 10. ANDOOR VEETIL VALSALA, ANDOOR AMSOM DESOM, THALIYIL.P.O, KALYASSERY, THALIPARAMBA TALUK, KANNUR. 11. ANDOOR VEETIL JAYAKRISHNAN, S/O. LATE CHENISSERY KUNJIKANNA NAMBIAR, ANDOOR AMSOM DESOM, THALIYIL.P.O, KALLYASSERY, THALIPARAMBA TALUK, KANNUR DISTRICT. 12. ANDOOR VEETIL SUMA, ANDOOR AMSOM DESOM, THALIYIL.P.O, KALYASSERRY, THALIPARAMBA TALUK, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.24721 of 2008 ------------------------------- Dated this the 14th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court, Payyannur, to pass order in Exts.P2 and P3 petitions filed in Ext.P1 appeal (A.S.No.31 of 2008). A.S.No.31 of 2008 is filed against the final decree and judgment in O.S.No.191 of 1990. Appeal was filed along with Ext.P2, an application to condone the delay of 249 days in filing the appeal. Petitioner has also filed Ext.P3 petition along with the appeal to stay execution of the final decree. The case of the petitioner is that though the appeal was filed much earlier, it now stands posted to 10.10.2008, and as the delay was not condoned, no order of stay was granted and E.P.No.4 of 2008 was filed for taking delivery of the property allotted under the final decree and it now stands posted to 18.8.2008, and, therefore, a direction is to be issued to Sub Court, Payyannur, to dispose Ext.P2 and Ext.P3 petitions. An order under Ext.P3 W.P.(C) No.24721 of 2008 2 petition can be passed only if Ext.P2 petition is allowed and the delay is condoned, and the appeal was heard under Rule 11 of Order XLI of Code of Civil Procedure and appeal was admitted. Therefore, no direction to dispose Ext.P3 petition could be granted at this stage. If service of notice on the respondent is over, Sub Court, Payyannur, is directed to dispose Ext.P2 application as expeditiously as possible. It is for the petitioner to see that notice is served on the respondents. Though learned counsel appearing for petitioner sought stay of the execution in E.P.No.4 of 2008, considering grounds of the appeal in Ext.P1, I do not find any reason to grant an order of stay. Even if delivery is taken, delivery will be only subject to the result of the appeal. The writ petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.