IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 28120 of 2009(O) -------------------------- AS.55/2008 of PRINCIPAL SUB COURT,KOCHI (EP/228/2008 IN OS.222/2007 of ADDL.MUNSIFF COURT,KOCHI .................... PETITIONER(S): --------------- K.B.SHANMUGHAN, S/O.BHASKARAN AACHARI, 5/773, DAS BUILDING, GUJARATHI ROAD, KOCHI-2. BY ADV. SRI.P.K.ANIL RESPONDENT(S): --------------- NASEER A., S/O.ABDUL RAHMAN KUTTY, AGED 30 YEARS, MATTANCHERRY, KOCHI-2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.28120 OF 2009 (O) ----------------------------------- Dated this the 7th day of October, 2009 J U D G M E N T The writ petition is filed seeking mainly the following relief: i. to issue a writ of certiorari calling for the records pertaining to E.P.No.228/2008 in O.S.No.222/2007 on the file of the Munsiff Court, Kochi and may be pleased to stay all further proceedings in E.P.No.228/2008 in O.S.No.222/2007 and may be pleaded to direct the Sub Court, Kochi to dispose Ext.P3 on an earlier date to meet the ends of justice. 2. Petitioner is the defendant in O.S.No.222 of 2007 on the file of the Munsiff Court, Kochi. In the above suit, a decree of mandatory injunction had been passed against the WPC.28120/09 2 petitioner directing him to surrender vacant possession of the building to the respondent/decree holder. Petitioner, it is submitted, has preferred an appeal as A.S.No.55 of 2007 before the Sub Court, Kochi, with a stay petition to keep in abeyance the execution of the decree challenged in the appeal. Though the respondent also entered appearance, the stay petition has not been heard and disposed of, is the grievance canvassed submitting that hasty steps for execution were taken by the decree holder/respondent. The execution court has posted the case for delivery day after tomorrow. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary, and hence, it is dispensed with. I direct the learned Sub Judge, Kochi to hear and dispose of Ext.P3 application as expeditiously as possible, at any rate, within a period of 15 days from the date of production of a copy of this judgment, provided, the respondent has already entered appearance in the appeal. The execution court, Munsiff Court, Kochi is directed to adjourn the delivery for a period of four weeks from the date of this judgment. With the WPC.28120/09 3 above direction, the writ petition is disposed. Hand over a copy of the judgment to the counsel for the petitioner on usual terms and send a copy of the judgment to the Sub Court, Kochi and the Munsiff Court, Kochi, forthwith. S.S.SATHEESACHANDRAN JUDGE prp