IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6872 of 2008(R) ------------------------------------ EP NO.20/2008 IN O.S NO.331/1995 OF MUNSIFF'S COURT, MUVATTUPUZHA PETITIONER: ------------ POULOSE, S/O.MATHEW, AGED 55 YEARS, MANIYATTUKUDIYIL, NELLIMATTOM KARA, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK BY ADV. SRI.N.N.ELAYATH RESPONDENTS: ------------- 1. ELDHOSE, S/O.SYMON, KANNATTU HOUSE, NELLIMATTOM KARA, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK' 2. MARIAMMA, W/O.SYMON, KANNATTU HOUSE, NELLIMATTOM KARA, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. 3. K.S.JESSY, W/O.C.P. JOSE, CHETTUKARA VEEDU, VAIKKOOTH, VALANCHERRY P.O., MALAPPURAM. 4. K.S.MINI, W/O.A.K.JOSE, MATHANKUZHI, PINDIMANA VILLAGE, KOTHAMANGALAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6872 OF 2008 --------------------- Dated this the 27th day of February, 2008 JUDGMENT This writ petition is preferred with a prayer to stay the execution proceedings in EP 20/08 in OS 331/95 till the disposal of RSA 129/ 08 of this court. Admittedly a second appeal is preferred before this court. It is averred that there is a delay of one day. When the subject matter is before this court in the form of a second appeal, it is only for that court to consider the same and the jurisdiction under Article 227 of the Constitution of India is not to be exercised for stalling the execution of the decree, bypassing the court, where the matter is pending. I do not want to add further. I decline jurisdiction and the writ petition is dismissed. M.N.KRISHNAN, JUDGE vps