IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 4268 of 2008(G) ------------------------- CMA.34/2000 of SUB COURT, CHERTHALA OS.692/1996 of ADDL.MUNSIFF COURT,CHERTHALA .................... PETITIONER: ------------ EYOCHAN, AGED 63 YEARS, S/O. JOSEPH KUNNEL, THURAVOOR PANCHAYAT, WARD NO.VIII, THURAVOOR SOUTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ---------------- 1. JUSAFENA, D/O. MARY, VELUTHA MANNUNKAL, WARD NO.VIII, KODAMTHURUTHU VILLAGE. 2. RAMANAN, S/O. NARAYANAN, KUNJANTHARAYIL, THIRUMALABHAGAM P.O., THURAVOOR, CHERTHALA. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 4268 OF 2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE JUDGMENT IN OS NO.692/1996 OF ADDITIONAL MUNSIFF, CHERTHALA. EXT.P2 : TRUE COPY OF THE PROCLAMATION. EXT.P3 : TRUE COPY OF THE ORDER DATED 30.05.2000 IN EA NO.723/1999. EXT.P4 : TRUE COPY OF THE APPEAL MEMORANDUM, CMA NO.34/2000. EXT.P5 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE THURAVOOR GRAMA PANCHAYAT TO THE PETITIONER. EXT.P6 : TRUE COPY OF IA NO.133/2008 FILED BEFORE THE SUB COURT, CHERTHALA. /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4268 OF 2008 --------------------- Dated this the 13th day of February, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the court below not to evict the petitioner from the scheduled property till the disposal of IA 133/08 in CMA 34/00. 2. Learned counsel for the respondents also enters appearance. In pursuance of an execution application, the property was sold in auction. To set aside the same, the present writ petitioner moved an application, which was dismissed for default. Against the same, petitioner had preferred CMA 34/00, which also met with the same fate. Now he has moved Ext.P6 application to restore the CMA with a petition to condone the delay of 2256 days. Learned counsel for the respondent has made me available the report of the Amin for perusal wherein it is clearly stated that the property has been delivered to the decree holder on 4th April 2002 at 2 p.m. and it has been taken possession by the decree holder. It is also submitted that thereafter in 2007 the property has been transferred in favour of 2nd respondent. So, now there is no question of granting a stay regarding eviction and the party has to pursue his remedy in the CMA and everything will depend upon the result in the CMA. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps