IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 28779 of 2009(O) -------------------------- AGAINST THE ORDER DATED 24/02/2009 IN EP/30/2008 IN OS.243/2003 of MUN-MAGI COURT, PARAVOOR .................... PETITIONERS: --------------- 1. MUHAMMED RAFI, AGED 46 YEARS, S/O. HYDROSE, VETTIYARA SAFA MARVA, VETTIYARA DESOM, NAVAYIKULAM VILLAGE,KOLLAM. 2. SUNITHA BEEGAM, SAJINA MANZIL KALLOOR MANIMALA.P.O., THONNAKKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.ESM.KABEER RESPONDENT: ------------------- PRASAD, AGED 35 YEARS, SAHADEVA VILASAM, KOTTAKKARAMCHERRY,ELAMKULAM, PARIPPALLY VILLAGE, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.28779 of 2009 - O --------------------------------- Dated this the 14th day of October, 2009 J U D G M E N T Petitioners are the plaintiffs in O.S.No.243 of 2003 on the file of the Munsiff-Magistrate Court, South Paravur. Suit was one for perpetual prohibitory injunction which was dismissed for default. A counter claim raised by the respondent/defendant in the suit was allowed. Petitioners moved an application for restoring the suit dismissed for default which, after enquiry, was dismissed. Against that order they have preferred an appeal before the District Court, Kollam. Meanwhile, respondent/defendant is taking hasty steps for executing the decree granted in their counter claim, is the grievance canvassed by the petitioners for issuing a writ or direction to the learned District Judge, Kollam to consider the application moved in their appeal for stay of the execution proceedings expeditiously, and also to keep in abeyance the proceedings in E.P.No.30 of 2008 pending on the file of the Munsiff Court, South Paravoor. W.P.(C).No.28779 of 2009 - O 2 2. I heard the counsel for the petitioner. Having regard to the submissions made, I find no notice to the respondent is necessary and it is dispensed with. 3. So far as the request made by the petitioners for issuing direction/order to the District Court where his appeal is pending, I find that no such direction is required as the petitioner can move the court concerned for expeditious hearing and disposal of the application in his appeal. However, to provide a grace period for doing so I direct the learned Munsiff, South Paravoor to keep in abeyance the execution proceedings in E.P.No.30 of 2008 for a period of two weeks from the date of this judgment. Writ petition is disposed of as above. Hand over a copy of the judgment to the counsel for the petitioner on usual terms and send a copy to the court concerned. S.S.SATHEESACHANDRAN, JUDGE. bkn/-