IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929 WP(C).No. 31579 of 2007(H) -------------------------- AGAINST THE ORDER DATED IN EP 347/2007 IN IA 1170/07 IN AS.75/2007 of SUB COURT, HOSDRUG OS.260/2006 of MUNSIFF COURT, HOSDRUG (EP 347/2007) .................... PETITIONER: ------------ S.P.ISMAIL,S/O.K.P.MUHAMMED MASTER OPTICALS OPPOSITE KAILAS THEATRE KANHANGAD PO, HOSDURG TALUK, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENTS: ------------- SUDHAKARA SHENOR S/O. NARAYANA SHENOY RESIDING AT COPRA QUARTERS KUSHAI NAGAR, HOSDURG VILLAGE AND TALUK KASARGODE DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 31579 OF 2007 = = = = = = = = = = = = = = = Dated this the 24th day of October, 2007. J U D G M E N T This writ petition is filed seeking a direction to the Subordinate Judge, Hosdurg to dispose of I.A.1170/07 in A.S.75/07 and a further direction to the Munsiff, Hosdurg to keep the execution proceedings in E.P.347/07 in abeyance. Against the decree passed by the Munsiff, Hosdurg, an appeal has been preferred as A.S.75/07 and in that appeal I.A.1170/07 is filed for passing a stay of the execution of the decree. Meanwhile, the decree holder filed an execution petition and had attached some of the movables. Then pursuant to the application filed by the writ petitioner the said order has been kept in abeyance till 24.10.07. The writ petitioner moved an application before the Subordinate Judge, Hosdurg to advance the hearing date from January, 2008 and dispose of the matter as expeditiously as possible and that is also kept pending. Now the decree has been W.P.C 31579 OF 2007 -:2:- challenged before a competent Court and a stay application has been filed. So it is only just that the execution proceedings are not proceeded with till a decision is taken in the application for stay. Therefore, I allow the writ petition and direct the Subordinate Judge, Hosdurg to dispose of I.A.1170/07 in A.S.75/07 within a time frame of one month from today and direct the Munsiff, Hosdurg to keep the order passed by it attaching movables in abeyance till a final order is passed in I.A.1170/07 by the Subordinate Judge, Hosdurg. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-