IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4477 of 2010(O) ------------------------- AS.170/2005 of ADDL.DISTRICT COURT-I,MAVELIKKARA OS.238/2000 of MUNSIFF COURT, MAVELIKKARA .................... PETITIONER(S): -------------------------- GANGA PRASAD, S/O.BHASKARAN, KOTTAKKATTETHU THEKKETHIL, KAITHA SOUTH, CHETTIKULANGARA, MAVELIKKARA TALUK. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): ------------------------- 1. G.APPUKUTTAN NAIR, S/O.GOPINATHA PANICKER, KOTTAKKATTETHU THEKKETHIL, KAITHA SOUTH, CHETTIKULANGARA, MAVELIKKARA TALUK. 2. VALSALA NAIR, W/O.G.APPUKUTTAN NAIR, DO. DO. 3. AJEESHKUMAR, S/O.G.APPUKUTTAN NAIR, DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.4477 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of February, 2010 JUDGMENT The writ petitioner was the 5th defendant in O.S.No.238/2000 on the file of the Munsiff's Court, Mavelikkara. The said suit was filed by the respondents herein seeking to set aside documents, declaration of title and for recovery of possession. The suit, after contest, was decreed on 10.8.2005. Aggrieved by the decree, the petitioner claims to have filed an appeal before the Additional District Court, Mavelikkara as A.S.No.170 of 2005. The said appeal was dismissed for default on 15.12.2009. Aggrieved by the dismissal, the petitioner claims to have filed I.A.No.1226 of 2009 for re-admission of the appeal under Order XLI Rule 19 C.P.C. 2. The grievance of the petitioner is that while the said petition is pending, the respondents even without filing an W.P.(c)No.4477 of 2010 2 execution petition are trying to dispossess the petitioner from the property in execution of the decree. Hence he prays for an early disposal of the aforesaid I.A. 3. In as much as the appeal (A.S.No.170/2005 on the file of the Additional District Court, Mavelikkara) has not been disposed of on merits but was only dismissed for default and an application for re-admission is pending, I am of the view that interests of justice require that the said application(I.A.No.1226 of 2009) is permitted to be disposed of expeditiously and until then the execution proceedings should not be permitted to be proceeded with. Accordingly, this writ petition is disposed of directing the Additional District Court, Mavelikkara to dispose of I.A.No,1226/2009 (presumably filed under Order 41 Rule 19 C.P.C.) for re- admission of the appeal, A.S.No.170 of 2005 which was dismissed for default, expeditiously and at any rate within three weeks of receipt of a copy of this judgment, after W.P.(c)No.4477 of 2010 3 giving both sides an opportunity of being heard. The proceedings in execution of the decree in O.S.No.238/2000 on the file of the Munsiff's Court, Mavelikkara shall be kept in abeyance for the said period of three weeks. Dated this the 11th day of February, 2010. V. RAMKUMAR, JUDGE sj