IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 2654 of 2010(O) ------------------------- AGAINST THE ORDER DATED 06.04.2009 IN IA 31/09 IN AS.177/2008 of ADDL.DISTRICT COURT-I,MAVELIKKARA .................... PETITIONER/1ST RESPONDENT:- ------------------------------------ K.MADHU, AGED 52 YEARS, S/O.KRISHNAN NAIR, `KRISHNA KRIPA', PEROORKADA (PO), TRIVANDRUM-5. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS/APPELLANT/2ND RESPONDENT:- ------------------------------------------------------ 1. M.MURALEEDHARAN NAIR, AGED 39 YEARS, S/O.MADHAVAN NAIR, KUMARAPURAM (PO), HARIPAD, NOW RESIDING AT `NEELAVANA HOUSE', ODAMKUZHI LANE, POOJAPPURA (PO), THIRUVANANTHAPURAM. 2. INDIAN OIL CORPORATION, REPRESENTED BY ITS REGIONAL MANAGER, PANAMPILLY NAGAR, KOCHI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 2654 of 2010 ---------------------------------------------------- Dated this the 5th day of February, 2010. JUDGMENT The writ petitioner is the plaintiff in O.S. No. 294 of 2004 on the file of the Munsiff's Court, Haripad. The said suit was one for a declaration and a prohibitory injunction against the 1st respondent herein restraining him from transferring the licence of the business of the concern, namely, Neelavana Agencies in favour of others without the approval or consent of the petitioner/plaintiff and to declare that the wholesale business in kersone conducted under the name and style of Neelavana Agencies is a partnership concern and the plaintiff and the 1st respondent are the partners of the said firm. 2. The learned Munsiff after trial, decreed the suit as prayed for on 30.07.2008 after a contest. Aggrieved by the judgment and decree passed by the trial court, the 1st respondent filed an appeal before the District Court, W.P.(C) No. 2654/2010 : 2 : Mavelikkara as A.S. No. 177 of 2008. He also filed I.A. No. 1525 of 2008 for a stay of the impugned judgment and decree. The petitioner has a grievance that the stay petition which stood posted to 05.01.2010, was advanced to 27.11.2009 and a stay was granted even before the petitioner entered appearance. Thereupon, the petitioner filed objections to I.A. No. 1525 of 2008 with a request to vacate the stay and also filed a separate petition as I.A. No. 31 of 2009 for vacating the stay. The lower appellate court dismissed I.A. No. 31 of 2009 as per Ext.P1 order dated 06.04.2009 without entering into the merits of the case and with a direction to the petitioner to see the disposal of I.A. No. 1525 of 2008 expeditiously. It is the said order which is assailed in this writ petition. 3. In as much s the lower appellate court has not gone into the merits of the case while dismissing I.A. No. 31 of 2009, the said order will not preclude the petitioner from opposing I.A. No. 1525 of 2008 and requesting the lower W.P.(C) No. 2654/2010 : 3 : appellate court to vacate the interim stay granted to the 1st respondent. Clarifying this position, this writ petition is disposed of. The lower appellate court shall make every endeavour to dispose of I.A. No. 1525 of 2008 expeditiously and at any rate within one month of receipt of a copy of this judgment. Till such time, the 1st respondent shall not induct a new partner. This writ petition is disposed of as above. Dated this the 5th day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 2654/2010 : 4 :