IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 17223 of 2010(O) -------------------------- AS.151/2006 of ADDL.DISTRICT COURT-I,MAVELIKKARA OS.57/2000 of MUNSIFF COURT,HARIPAD .................... PETITIONER(S): --------------- SAUDAMINI, THEVALAPPURATHU, THULAMPARAMBU NADUVATHUM MURI, KARTHIKAPPALLY, HARIPPAD. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. CHANDRA DASAN, HARIDAS MANDIRAM, ANJILIPRA MURI, KANNAMANGALAM MURI, KARTHIKAPPALLY, HARIPPAD. 2. ANNAMMA AMALA BHAVAN, THATTARAMPALAM, MAVELIKKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thomas P.Joseph, J. ----------------------------------- W.P.(C) No.17223 OF 2010 ----------------------------------- Dated this the 3rd day of June, 2010 JUDGMENT Petitioner filed O.S.57 of 2008 in the court of learned Munsiff, Haripad for injunction against execution of sale deed ignoring an oral agreement for sale between herself and respondent no.1, her brother. During pendency of the suit respondent No.1 executed sale deed in favour of respondent No.2. Thereon, petitioner got plaint amended for declaration that the sale deed is null and void. Respondent No.2 made a counter claim as against petitioner. Learned Munsiff dismissed the suit and allowed counter claim which is under challenge in A.S.No.151 of 2006. The appellate court had granted stay of execution of decree on the counter claim. But on 23.9.2009 the appeal was dismissed for default. Petitioner has filed applications for restoration of the appeal and for stay. Those applications are posted on 20.7.2010. In the meantime respondent no.2 is taking steps to execute the decree on counter claim. Prayer of writ petitioner is to direct learned Additional District Judge, Mavelikara to expeditiously dispose of I.A.No.308 and 309 of 2010 in W.P.(C) No.17223 OF 2010 2 A.S.No.151 of 2009. 2. Having regard to the circumstances stated, I direct the learned Additional District Judge to dispose of the applications as early as possible if necessary by taking urgent notice to the respondents. It will also be open to the petitioner to request for interim orders on the applications for stay if she is otherwise entitled . Writ Petition is disposed of accordingly. Thomas P.Joseph, Judge cms