IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24903 of 2009(Q) --------------------------------------- CRA.278/2009 of SESSIONS COURT, THRISSUR .................... PETITIONER(S): ---------------------- THANKAM, AGED 78 YEARS, W/O. LATE SAMBASIVAN, C/O. RAMSINGH, VAZHOOR HOUSE, VALAPPAD P.O., THRISSUR DISTRICT. BY ADV. MR.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------ 1. K.F.J. REMOND, S/O. FRANCIS, RESIDING AT KIDANGAN HOUSE, PARAVATTANI DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. 2. SIVADAS, S/O. SAMBASIVAN, VAZHOOR HOUSE, PALLIPRAM, CHAVAKKAD. 3. SREEJA, W/O. SIVADAS, VAZHOOR HOUSE, PALLIPRAM, CHAVAKKAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.24903 of 2009 Q -------------------------- JUDGMENT Petitioner is the complainant before Judicial First Class Magistrate's Court, Kodungallur in an application filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'). As against an interim order passed under Section 23 of the Act, Crl.A.No. 278/2009 was filed before Sessions Court, Thrissur. As per Exhibit P5 order, Additional Sessions Judge granted an interim order of stay of the order impugned in Crl.A.No.278/2009. This petition is filed under Article 227 of Constitution of India to quash Exhibit P5 order and to direct Additional Sessions Judge to dispose Crl.A.No.278/2009 expeditiously. 2.When Crl.A.No.278/2009 is pending, Additional Sessions Judge is competent to pass an order of stay or suspend the order challenged in the appeal. WPC 24903/09 2 Therefore, Exhibit P5 order cannot be quashed as sought for. If grievance of the petitioner is that appeal is not being disposed, petitioner is at liberty to file an application before Additional Sessions Judge for early disposal of the appeal. If such an application is filed, Crl.A.No.278/2009 is to be disposed without delay. Petition is disposed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv