IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8516 of 2008(L) ------------------------- OS.607/1995 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER: ------------ CHANDRASEKHARAN, AGED 65 YEARS S/O.KRISHNAN, CHERINGAL, PATTANCHERRY VILLAGE CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT: ------------- M.VISWANATHAN, AGED 58 YEARS S/O.MADHAVAN, KADAMBIDI HOUSE CHITTALANCHERRY AMSOM, ALATHUR TALUK, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.8516 of 2008 ------------------ ------------------------- Dated this the 13th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the Subordinate Judge, Palakkad to dispose of E.A.No.493/07 in E.A.No.23/04 in E.P.No.122/01 and to stay the delivery of the property till a decision is taken. 2. The grievance of the writ petitioner is that when the matter was taken up on the execution side, it was not called during the roll call time and subsequently it was dismissed and immediately within two days, he has filed an application for restoration of the same. It is pending consideration before the court. So it is submitted that if delivery is effected before considering the restoration application, it will cause injustice to him and therefore, prays the executing court to consider the application for restoration and thereafter to effect delivery of the property. I find force in the contention. 3. Therefore, I direct the court below to consider the restoration of the execution application first and dispose it in WPC 8516/08 2 accordance with law and thereafter give a breathing time of one week and then alone need proceed to effect delivery of the property. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl