IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10790 of 2008(H) -------------------------- OS.293/1999 of MUNSIFF COURT, KOTTARAKKARA .................... PETITIONER: ------------ THE CO-OPERATIVE SOCIETY NO.Q.930, VETTIKAVALA,KOLLAM DISTRICT REPRESENTED BY ITS SECRETARY. BY ADV. SRI.C.V.MANUVILSAN SRI.SYAM J SAM RESPONDENT: ------------- CHERIAN, S/O.KORUTHU PARANKIMAM VEEDU, CHENGAMANADU,VELILAVILLAGE,KOTTARAKKARA TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 10790 OF 2008 --------------------- Dated this the 28th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the Munsiff, Kottarakkara, to keep the execution proceedings in abeyance, till the certified copy of the decree and judgment in AS 43/03 is received from the Sub Court, Kottarakkara. 2. The writ petitioner herein is the tenant of the property against whom a suit for eviction was filed, which was later decreed and confirmed in appeal by the appellate authority. The writ petitioner wants to challenge the matter in second appeal before the appropriate forum. The appeal was disposed of on 6.2.08 and the writ petitioner has made arrangements to get urgent copies of the same. But so far, the petitioner has not succeeded in reopening the same. Meanwhile, the execution court has ordered delivery of the property to take effect before the court closes for summer holidays. 3. It is to be stated that the writ petitioner is a Co-operative Society having bank lockers and other materials and it may not be correct to throw them out, without giving a reasonable time. WPC NO 10790/08 2 4. Therefore, I direct the Munsiff, Kottarakkara, not to effect delivery of the property, till 31.5.08. In the meanwhile, I direct the Sub Court, Kottarakkara, to issue certified copy of the decree and judgment in AS 43/03, to enable the writ petitioner to move for appropriate remedies. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 10790/08 3 WPC NO 10790/08 4