IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18291 of 2010(O) -------------------------- AS.104/2009 of DISTRICT COURT, THALASSERY OS.73/1949 of ADDL.SUB COURT, THALASSERY .................... PETITIONER(S): --------------- K.P.UMMERKUNHI,AZHIKODE AMSOM, AZHIKODE.P.O,KANNUR. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): --------------- 1. P.P.HAMSU,SAFURA MANZIL,PUTHUPARA, AZHIKODE,KANNUR. 2. KUNHALIYUMMA,KALLUKETTIYA PEEDIKAYIL, KURUKKAN PADINHARE PURAYIL,AZHIKODE.P.O, KANNUR. 3. K.P.RABI,KALLUKETTIYA PEEDIKAYIL, KURUKKAN PADINHARE PURAYIL,AZHIKODE.P.O, KANNUR. 4. K.P.ABDUL JABBAR,KALLUKETTIYA PEEDIKAYIL KURUKKAN PADINHARE PURAYIL,AZHIKODE.P.O, KANNUR. 5. K.P.SAINAVA,FAIZAL MANZIL,OOTHUPARA.P.O, AZHIKODE,KANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.18291 of 2010 -------------------------------------- Dated this the 14th day of June, 2010. JUDGMENT Petitioner seeks a direction to the learned District Judge, Thalassery to order stay of execution of decree in O.S.No.73 of 1949 of the court of learned Additional Sub Judge, Thalassery and to expedite hearing of A.S.No.104 of 2009 arising from final decree in that case. Learned counsel states that though the suit is of the year 1949, application for final decree was preferred only in the year 1981. according to the learned counsel, there are serious contentions urged in the appeal arising from final decree where an application for stay of execution also has been preferred but the appeal and applications could not be taken up for hearing for one reason or other. Learned counsel has produced photocopy of the order sheet in A.S.No.104 of 2009. 2. There can be no direction to learned District Judge to grant stay pending consideration of appeal for, question of grant of stay is something within the judicial discretion of the court concerned. It is seen from the copy of order sheet that when petitioner insisted for an order on the application for stay, respondents requested that appeal itself may be heard. But hearing of the appeal had to be postponed since lower court records were not available. On 30.03.2010, it is seen that both sides requested time. According to the learned counsel lower court records were not brought up even on that day. Having regard WP(C) No.18291/2010 2 to the circumstances stated by learned counsel, I direct learned District Judge, Thalassery to dispose of appeal and application for stay as early as possible since the property is posted for delivery on 28.06.2010. It will be open to the petitioner to move appropriate application before the learned District Judge to advance hearing of the appeal and application for stay. With the above direction Writ Petition is disposed of. THOMAS P.JOSEPH, Judge. cks