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. 3945 of 2010(O) ------------------------- AS.81/2009 of D.C.& SESSIONS COURT,THODUPUZHA OS.192/1998 of MUNI-MAGI.COURT,THODUPUZHA (EP.35/2006) .................... PETITIONER(S): --------------- P.S.RAVINDRAN PILLAI, S/O. PUTHIYAVEETTIL SANKARAN PILLAI, ARAKULAM P.O., ARAKULAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): -------------------------- 1. SARADA, W/O. SANKARA PILLAI, PAREKKATTIL VEETTIL, KANJIRAMATTOM KARA, THODUPUZHA VILLAGE, THODUPUZHA P.O. 2. RADHA, D/O. SANKARAN PILLAI, PARAKKATTIL VEETTIL, KANJIRAMATTOM KARA, THODUPUZHA VILLAGE, THODUPUZHA P.O. 3. USHA, D/O. SANKARAN PILLAI, PARAKKATTIL VEETTIL, KANJIRAMATTOM KARA, THODUPUZHA VILLAGE, THODUPUZHA P.O. 4. RAJU, S/O. SANKARAN PILLAI, PARAKKATTIL VEETTIL, KANJIRAMATTOM KARA, THODUPUZHA VILLAGE, THODUPUZHA P.O. 5. SURESHKUMAR, S/O. KRISHNA PILLAI, PUTHIYAVEETTIL, SANKARAPILLY KARA, THODUPUZHA. W.P.C.NO.3945/2010 2 6. THE ASST. ENGINEER, M.V.I.P., MUTTOM, THODUPUZHA. 7. MOHANAN, S/O. SIVASANKARA PANICKER, CHALIL HOUSE, SANKARPILLY KARA, MUTTOM VILLAGE, THODUPUZHA TALUK. 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.3945 of 2010 = = = = = = = = = = = = = = Dated this the 5 th day of February, 2010 JUDGMENT Alleging that the decree passed in O.S.No.192/1998 on the file of the Munsiff's Court, Thodupuzha is a collusive decree under which the petitioner who is in possession was sought to be dispossessed, he filed E.A.No.70 of 2009 before the Munsiff's Court, Thodupuzha under Order 21 Rule 99 and Rule 101 read with Section 47 of the C.P.C. His application was dismissed by the trial court as per Ext.P2 order dated 4.11.2009. Aggrieved by the said order he preferred an appeal before the District Court, Thodupuzha as A.S.No.81 of 2009. In the appeal he filed I.A.No.693 of 2009 for interim stay for dispossession. The said application has been dismissed by the District Judge as per Ext.P4 order dated 26.11.2009, however, the appeal is kept pending. Hence this writ petition. 2. The learned District Judge by dismissing I.A.No.693 of 2009 has virtually rendered the appeal infructuous. Interests of justice require the appeal to be heard and disposed W.P.(c)No.3945 of 2010 2 of on merits, after giving both sides an opportunity of being heard. Accordingly, this writ petition is disposed of directing the District Court, Thodupuzha to dispose of A.S.No.81 of 2009 expeditiously, after giving both sides an opportunity of being heard, and at any rate within four months of receipt of a copy of this judgment. Status quo, as on today, shall be maintained till the disposal of the appeal. Dated this the 5th day of February, 2010. V. RAMKUMAR, JUDGE sj