IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 36029 OF 2008(L) ------------------------ (I.A.5815/2008 IN AS.125/2008 OF PRL.SUBCOURT,THIRUVANANTHAPURAM) E.A. 865/2008 IN E.P. 168/2007 IN RCP.98/1984 OF RENT CONTROL COURT, THIRUVANANTHAPURAM. PETITIONER: RADHAKRISHNAN, S/O. PUSHKARA PANICKER, OLIPPUVILA VEEDU, MUTTACKADU,KALLIYOOR NEYYATINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: 1. SABEENA, D/O. SAFIYA BEEVI RESIDING AT THOPPIL HOUSE, KOTTAKAKATH CHERI, KOLLAM. 2. A.M. NOUSHAD, SON OF LATE SAFIYA BEEVI DO..............DO..... 3. A.M. NAZAR, S/O. OF LATE SAFIYA BEEVI DO...........DO........ 4. A.M. NAFEEL, S/O. OF LATE SAFIYA BEEVI DO..............DO... 5. A.M. NAJEEM, SON OF LATE SAFIYA BEEVI, DO....DO.... ADV. SRI.G.S.REGHUNATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 36029 OF 2008 = = = = = = = = = = = = = = = = DATED THIS, THE 9TH DAY OF DECEMBER, 2008. J U D G M E N T Raman, J. This writ petition is moved apprehending delay in the matter of disposal of the stay petition - I.A. 5815/2008 filed by the petitioner in A.S. 125/2008. Sri. Reghunath, learned counsel appearing on behalf of the respondent submits that this is a matter where this Court had dismissed four writ petitions touching the very same subject matter and that his client is not in a position to enjoy the fruits of the decree because of the obstruction filed one after another. He has also placed reliance on the decision of the Apex Court in Usha Sinha v. Dina Ram (2008(3) KLT 848) to contend for the position that the transferee is not entitled to cause obstruction and submitted that the execution itself is now adjourned to February, 2009. Since even according to the petitioner, the stay application is posted to January, 2009, he submits that no orders are required to be passed in this writ petition and he seeks to withdraw the same. Accordingly, the writ petition is dismissed as withdrawn. It is open to W.P.(C) 36029/2008 :2: the parties to raise their respective contentions before the court below as we are not entering a finding on the merits of the appeal. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-