IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 35989 of 2008(H) -------------------------- OS.275/1996 of SUB COURT, MAVELIKKARA .................... PETITIONER:8TH JUDGMENT DEBTOR ------------------------------------------- JOY JOHN, CHATHERIL HOUSE, AKKANATTUKARA MURI, THAZHAKKARA VILLAGE, REP. BY HIS POWER OF ATTORNEY HOLDER, MATHEW JOHN, DO...DO... BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): --------------- A.K. ANIYAN, AMBANATTU VEDU, PADINJATTEKARA MURI, THEVALKARA P.O., KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 35989 OF 2008-H ------------------------------- Dated this the 5th December, 2008. JUDGMENT The grievance of the petitioner is that Ext.P3 application filed for restoration of A.S.151/2005 on the file of the Additional District Court, Mavelikkara is adjourned for consideration to 2.1.2009, as is evidenced by Ext.P5 order and that atleast till orders are passed on the restoration application the execution of the decree in O.S.275/1996 by the Sub Court, Mavelikkara be stayed. The stay as asked for cannot be granted. However, I grant stay of execution of E.P.439/2005 in O.S275/1996 on the file of the Sub Court, Mavelikkara till 2.1.2009 to which day, the restoration application stands posted before the Additional District Court, Mavelikkara, as seen from Ext.P5 order. It is up to the petitioner to get appropriate orders to have I.A.1452/2008 (Ext.P3) filed in A.S.151/2005 advanced and appropriate orders obtained if at all he wants to have execution stayed any further. This writ petition is disposed of with the above directions. WPC35989/2008 2 Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN JUDGE jj