IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 19343 of 2009(O) --------------------------------------- OS.166/1998 of MUNSIFF COURT, THALIPARAMBA. .................... PETITIONER/APPELLANT: ------------------------------------ PUTHUPARAMBIL RAJU, S/O. VASU, KARTHIKAPURAM, ALAKKODE AMSOM, ARANGOM DESOM, KANNUR DISTRICT. BY ADV. MR.SUNIL NAIR PALAKKAT MR.K.N.ABHILASH MR.JIMMY.N.JOSEPH SMT.R.LEELA RESPONDENT/RESPONDENT: ------------------------------------------ KACHIRAYIL JOSEPH, S/O. ANTHRAYOS, AGED ABOUT 36 YEARS, KARTHIKAPURAM, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.19343 OF 2009 (O) ----------------------------------- Dated this the 10th day of July, 2009 J U D G M E N T The writ petition is filed by the defendant in a suit for specific performance, in which, a decree adverse to him was passed by the court. He has filed an appeal against the decree with a petition to condone delay of more than five years and it is pending consideration before the court, is the plea canvassed to entertain this writ petition and to pass orders/directions to the execution court not to effect delivery and also the appellate court for an expeditious enquiry on the petition for condoning the delay. Petitioner can approach the appellate court and move a petition for an expeditious enquiry on the petition for condoning the delay moved by him with the appeal, and if any such application is moved within two weeks from the date of this judgment and if service on that petition is complete, the court below shall bestow its attention to that WPC.19343/09 2 petition and dispose it within a period of one month. Subject to the above observations, this writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009