IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 OP(C).No. 976 of 2011(O) ------------------------ IA.3418/2010 OF AS.325/2010 of DISTRICT COURT, THRISSUR OS.328/2009 OF MUNSIFFCOURT,WADAKKANCHERY,VADAKKANCHERRY .................... PETITIONERS ---------------------- 1. KANCHANAVALLI, AGED 47, D/O.GOVINDHAN NAIR, ADIYIL NIVAS, CHOWANNUR VILLAGE DESOM,TALAPPILLY TALUK 2. RAMACHANDRAN, CHERIYIL VEETIL, CHOWANNUR VILLAGE DESOM TALAPPILLY TALUK BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT ------------------- UNNIKRISHNAN,S/O.ADIYIL CHERUVATHOOR GOVINDHAN NAIR, CHOWANNUR VILLAGE DESOM, TALAPPILLY TALUK-680503 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(Civil). No. 976 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011. JUDGMENT The limited prayer in this original petition is as follows: “(i) To issue an appropriate order or direction commanding the District Court, Thrissur to take up Ext.P5 or P6 and till such decision is arrived at either in the delay application or in the appeal or in the stay petition, to defer all further proceedings pursuant to Ext.P8 in the interest of justice.” 2. Petitioners are the defendants in O.S. 328 of 2009 before the Munsiff's Court, Wadakkancherry. They suffered a decree. That made them to take up the matter in appeal to the District Court, Thrissur as A.S.325 of 2010. It so happened that the appeal was filed out of time. The appeal was accompanied by a petition to condone the delay. The petitioner has also moved an OP(C). 976/2011. 2 I.A. for stay of execution of the decree passed by the trial court. The grievance of the petitioner is that those petitions are not being disposed of and in the meanwhile the decree holder is going on with the execution of the decree. He therefore prayed that there may be a direction to the lower appellate court to take up the delay condonation petition and the petition for stay and to dispose of the same expeditiously. 3. Notice was taken out by special messenger. But there is no appearance for the respondent. 4. Considering the nature of the relief sought for, it is felt that the presence of the respondent may not be quite necessary. 5. There will be a direction to the District Court, Thrissur to take up Exts. P5 and P6 applications, one for condoning the delay in filing the appeal and the other to stay all further proceeding in execution of the decree, filed in A.S.325 of 2010 in accordance with law as expeditiously OP(C). 976/2011. 3 as possible, at any rate within two weeks from today. The interim order will continue for three weeks. The original petition is disposed of as above. P. BHAVADASAN, JUDGE sb.