IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10959 of 2009(O) -------------------------- AS.7/2009 OF DISTRICT COURT, ERNAKULAM OS.111/2005 of PRL.MUNSIFF COURT,ERNAKULAM (EP 7/2009) .................... PETITIONER(S): --------------- RAMAN NAIR, S/O.KOCHUKALI, AGED 72 YEARS, RESIDING AT PURAYIL HOUSE,THEKKEPPULLIYATTU, KEECHERI DESOM, KEECHERI VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST. BY ADV. SRI.K.N.CHANDRABABU SRI.P.R.SHAJI RESPONDENT(S): --------------- 1. T.R.SOBHANA, AGED 70 YEARS, W/O.GOPALAKRISHNAN NAIR, D/O.RAMAN NIAIR, NOW RESIDING AT KAIPRAYALAYIL,VELLUR DESOM, VELLUR VILLAGE. 2. USHA, W/O. RAMAN NAIR, THEKKE PULIYAT HOUSE, KEECHERY VILLAGE, KANAYANNORE TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- W.P.(C).No.10959 of 2009 ---------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner is the judgment debtor in O.S.No.111 of 2005, on the file of the court of the Principal Munsiff of Ernakulam. Against the judgment and decree in the suit, the petitioner filed A.S.No.7 of 2009 on the file of the District Judge, Ernakulam. The appeal is pending. Though he made an application for stay, the appellate court did not grant stay. Execution was levied. The executing court passed an order for delivery of the property. The prayer made in the Writ Petition is the following: “a. issue a writ of mandamus or such other writ direction or order directing the Principal Munsiff's Court, Ernakulam to keep all proceedings in abeyance in E.P.No.7 of 2009 in O.S.No.111 of 2005 including the order dated 1.4.2009 ordering delivery of the decree schedule building until the copy of the orders impugned are issued to the petitioner so as to enable him to challenge the same. b. issue any appropriate order granting such other reliefs and cost to this petitioner as this Honourable Court may deem fit and proper in the circumstances and facts of the case.” WPC No.10959/2009 2 I do not find any ground to interfere under Article 227 of the Constitution of India. The Writ Petition fails and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl