IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7368 of 2009(O) ---------------------------------- A.NO.45/2009 of DISTRICT COURT, KOLLAM OS.680/2002 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER : ---------------- THILAKAN, S/O.MANU, PANICKARVILA, MALIBHAGOM MURI, CHAVARA SOUTH VILLAGE, KARUNAGAPPALLY, KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENTS : ------------------- 1. SUVARNALATHA, KRISHNAPRIYA, MUSIC SCHOOL, KADAPPAKKADA, KOLLAM FROM PANICKARVILA, MALIBHAGOM MURI, CHAVARA SOUTH VILLAGE, KARUNAGAPPALLY, KOLLAM. 2. REMANAN, DESMUK BUILDING, DAMPLI EAST BLOCK NO.12, SIVAJI, ODYOGNAGAR, THANE, MAHARASHTRA FROM PANICKARUVILA, MALIBHAGOM MURI, CHAVARA SOUTH VILLAGE, KARUNAGAPPALLY, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------- W.P.(C) No.7368 OF 2009 --------------------------------------- Dated this the 6th day of March, 2009 JUDGMENT The prayer in this writ petition is to issue a direction to the District Court, Kollam to consider Exts.P6 and P7 applications within a time frame and also for a direction to the Munsiff Court, Karunagappally to stay the execution of the decree in O.S.No.680/02 till the disposal of Exts.P6 and P7 petitions pending before the District Court, Kollam. 2. Challenging the judgment and decree in O.S.No.680/02, the petitioner filed A.S.No.45/09 on the file of the District court, Kollam. The appeal was filed belatedly. There is a delay of 1194 days in filing the appeal. The application for condonation of delay (Ext.P6) was filed on 06.02.2009. The petitioner also filed an application on 06.02.2009 for stay (Ext.P7) of the proceedings in execution. 3. The petitioner has filed Exts.P6 and P7 applications only in February, 2009. If the service of notice in the applications is complete, the petitioner can move the District court for an early hearing. For that purpose, it is not necessary W.P.(C) No.7368 of 2009 2 to file a Writ Petition. It cannot be said that the District court has kept the application pending without disposal of the same for quite long time. The petitioner having approached the District court only in February, 2009 with a petition to condone the delay of 1194 days in filing the appeal, the District court cannot be blamed for not disposing application as the petitioner desires. The respondents are to be served with notice in the application, and after completing the steps, nothing prevents the petitioner from requesting the court for an early disposal of the application. With this observation, the Writ Petition is closed. K.T.SANKARAN JUDGE pac