IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 13037 of 2008(B) ----------------------------------------- AS.43/2008 of SUB COURT,NEYYATTINKARA OS.339/1969 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONERS: -------------------- 1. BABU RAJ, S/O. MARSHALL, MARAVANCHERI VEEDU, MOOVANKAM DESOM, THAVANOOR VILLAGE, MALAPPURAM AND ALSO HAVING RESIDENCE AT THUMARICHAL BHAVAN, MALAYINKEEZHU DESOM AND VILLAGE. 2. HERBERT MARSHALL, PRIEST, ST.PAUL LUTHERIN CHURCH, RAVIPURAM , ERNAKULAM DISTRICT ALSO HAVING RESIDENCE AT THUMARICHAL DEENA VILASOM, MALAYINKEEZHU DESOM AND VILLAGE. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENTS: ------------------------ 1. VASANTHI DEVI, HOUSE NO.T.C. 24/963, THAIKKADU MICHIL ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. RAMANI AMMA, VRINDHAVAN, T.C. 26/258, SECRETARIAT, WARD, VANCHIYOOR, THIRUVANANTHAPURAM. 3. BINDHU RADHAKRISHNAN, IN DO. DO. 4. INDU SHARMA, IN DO. DO. 5. SINDHU BOOSHAN IN DO. DO. W.P.(C) NO.13037/2008 6. JOYEE, W/O. DEVANESAN, NEDUMPURATH VEEDU, THUMARICHAL, MALAYINKEEZHU DESOM, DO. VILLAGE. 7. PONNAMMAL MEENAKSHI AMMAL, THUMARICHAL HARI BHAVAN, DO. DESOM , DO. VILLAGE. 8. V.S.HARIKUMAR, S/O. VASUDEVAN, MULLASSEI VEEDU, THUMARICHAL VILLAGE AND DESOM. BY ADV. SRI.S.V.BALAKRISHNA IYER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 13037 OF 2008 = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. J U D G M E N T This writ petition is preferred for a direction to the Subordinate Judge, Neyyattinkara to hear and dispose of Ext.P4 appeal and Ext.P5 stay application and for a further direction to the Addl. Munsiff-II, Neyyattinkara to defer the execution proceedings. After hearing the learned counsel I feel that a direction can be given to the Subordinate Judge, Neyyattinkara, at least to hear and dispose of Ext.P5 stay application on or before 20.7.2008 and give a further direction to the Addl. Munsiff-II, Neyyattinkara not to proceed with the execution proceedings till that date. The writ petition is disposed of accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy] P.A. to Judge.