IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20895 of 2008(K) -------------------------- AS.29/2008 of SUB COURT,NEYYATTINKARA OS.823/2006 of PRL.M.C.,NEYYATTINKARA .................... PETITIONER: ------------ BABU, S/O.LAKSHMANAN LAKSHMANA NIVAS, THIRUPURATHOOR DESOM THIRUPURAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------- G. MADHAVAN NAIR, T.C. 6/1312, KEERTHANA KODUNGANOOR, VATTIYOORKAVU THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.20895 of 2008 ------------------------------- Dated this the 10th July, 2008. J U D G M E N T Petitioner is the defendant and respondent the plaintiff. The decree for recovery of possession was passed on 17.10.2007. Though petitioner filed A.S.No.29/2008 before Sub Court, Neyyattinkara, appellate court did not stay the execution of the decree. Subsequently, petitioner filed Ext.P3 petition under sub-rule 1 of Rule 5 of Order XLI of Code of Civil Procedure to stay the execution of the decree. According to the petitioner, it now stands posted to 15.7.2008. This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court, Neyyattinkara, to pass orders in Ext.P3 and for a further direction to the Executing Court not to deliver property before the disposal of the writ petition. When a petition is filed to stay the execution of the decree which is challenged in the appeal, learned Sub Judge is expected to pass orders in the application without delay, especially when it is specifically contended that execution proceedings are W.P.(C) No.20895/2008 2 initiated. In such circumstances, Sub Judge, Neyyattinkara, is directed to pass appropriate orders in Ext.P3 petition, in accordance with law, on or before 15.7.2008. Till then, Executing Court shall not deliver the property. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.