IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 OP(C).No. 3267 of 2011(O) ---------------------------------- AS.59/2003 of PRINCIPAL SUB COURT, PARAVUR OS.638/1998 of MUNSIFF COURT, ALUVA .................... PETITIONER : - -------------------- ANEECE,W/O.THOMAS, AGED ABOUT 37, POONELY HOUSE, PULLUVAZHY KARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI. PAUL K.VARGHESE RESPONDENTS : - -------------------------- 1. AMMINI, W/O.KUMARAN, AGED 48, KODUNGAMATTOM HOUSE, NOW RESIDING AT THEKKEDATHU, CHALAKUDY KARA, CHALAKUDY VILLAGE, PIN - 685 051. 2. SHINY, D/O. KUMARAN, AGED 25, -D0 - 3. PRADEEP, AGED 23, S/O.KUMARAN, -DO- 4. PRAKASHAN, AGED 21, S/O.KUMARAN, -DO- R1 TO R4 BY ADVS. SRI.C. ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3267 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE JUDGMENT IN O.S. NO. 638 OF 1998 OF THE MUNSIFF'S COURT, ALUVA DATED 23.01.2003. EXT P2 : COPY OF THE APPEAL NO. 59/ 2003 OF THE ADDL. DISTRICT COURT, NORTH PARAVOOR, DATED 11.04.2003. EXT P3 : COPY OF THE EXECUTION PETITION AS E.P. NO. 56 / 09 IN O.S. NO. 638/98 OF THE MUNSIFF'S COURT, ALUVA, DATED 21.05.2009. EXT P4 : COPY OF THE E.A. NO. 120/10 IN E.P. NO. 56 / 09 OF THE MUNSIFF'S COURT, ALUVA, DATED 21.10.2010. EXT P5 : COPY OF THE STAY PETITION AS I.A. NO. 2119 / 2011 IN A.S. NO. 59 / 11 OF THE SUB COURT, N. PARAVUR. RESPONDENTS' EXHIBITS: EXT R4 (a) : COPY OF THE JUDGMENT DATED 04.08.2010 IN WP (C) 35892 / 2009 ON THE FILE OF THIS HON'BLE COURT. EXT R4 (b) : COPY OF THE JUDGMENT IN O.P. 166 OF 2010 DATED 01.10.2010 OF THIS HON'BLE COURT. TRUE COPY P.A. TO JUDGE DMR/- THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3267 of 2011 --------------------------------------- Dated this 16th day of November, 2011 JUDGMENT Respondents filed O.S.No.638 of 1998 in the Court of learned Munsiff, Aluva for a decree for mandatory injunction and declaration that document No.2315 of 1993 is void. Though petitioner and others raised various contentions, learned Munsiff granted a decree in part allowing mandatory injunction on the strength of a finding that respondents could ignore document No.2315 of 1993. Petitioner preferred A.S.No.59 of 2003 before the learned Additional District Judge, North Paravur. Respondents are said to have preferred a cross objection. The appeal was dismissed for default on 16.06.2007. Petitioner filed I.A.No.2650 of 2007 to re-admit the appeal. That application was dismissed on 10.06.2008 for default. That was followed by petitioner filing I.A.No.2687 of 2010 for restoration of I.A.No.2650 of 2007. That application was allowed on cost of `.1500/-. Cost was paid and the applications above referred were allowed. Thus the appeal was re-admitted. In the meantime, respondents are executing the decree and it is submitted that executing court has posted the execution petition for delivery of O.P(C).No.3267 of 2011 -: 2 :- property on 28.11.2011. Ext.P5, application preferred by petitioners in A.S.No.59 of 2003 for stay of execution is not so far disposed of. Hence this original petition seeking a direction to the learned Additional District Judge to dispose of Ext.P2, appeal and Ext.P5, application for stay as early as possible and in the meantime to keep the execution proceeding in abeyance. 2. Learned counsel for petitioner submits that this Court by judgment dated 01.10.2010 in O.P(C).No.166 of 2010 had directed learned Additional District Judge to dispose of pending applications in A.S.No. 59 of 2003 as early as possible. But, The applications are still not disposed of. 3. Learned counsel for respondents submits that this is the third round of litigation and that even in O.P(C).No.166 of 2010 this Court did not grant any stay of execution of the decree. 4. The appeal is of the year 2003. Atleast Ext.P5, application for stay is required to be disposed of as early as possible since the execution is pending and the executing court has posted the proceeding for delivery on 28.11.2011. In the above circumstance, I am inclined to issue a direction as under: This original petition is disposed of as follows: (i) Learned Sub Judge, North Paravur (to whom A.S.No.59 of 2003 of the Court of learned O.P(C).No.3267 of 2011 -: 3 :- Additional District Judge, North Paravur has been made over) is directed to dispose of the appeal as early as possible. (ii) Ext.P5, application for stay shall be disposed of as early as possible, at any rate within one month from this day. (iii) It is directed that execution of the decree in O.S.No.638 of 1998 will stand in abeyance for a period of one month from this day. (THOMAS P. JOSEPH, JUDGE) Sbna/-