IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 OP(C).No. 3557 of 2011(O) -------------------------------- OS.60/2000 of SUB COURT,NEYYATTINKARA .................... PETITIONER/IST DEFENDANT/IST JUDGEMENT DEBTOR ----------------------------------------------------------------- P.H.JAMES, S/O.HABEL, RODARIKATHU VEEDU, KOTTAMAM, ARAYOOR P.O., CHENKAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN-695122. BY ADVS. SRI.K.J.JOSEMON SRI.MATHEW SKARIA SRI.ALEX VARGHESE RESPONDENT(S): PLAINTIFF/DECREE HOLDER ------------------------------------------------------- MOHANDAS, S/O.PATHROSE, MOHAN NIVAS, ANDUCODE DESOM, ANDUCODE VILLAGE, VILAVANCODE TALUK, TAMILNADU STATE, ARUMANAI P.O., PIN - 629. BY ADVS. SRI.G.SUDHEER SRI.V.SURESH THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 3557/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 27/10/2011 IN E.A. NO.422/11 IN E.P. NO.13/2009 IN O.S. NO.60/2000 OF THE SUB COURT, NEYYATTINKARA. P2: COPY OF THE ORDER DATED 27/10/2011 IN E.A. NO.424/11 IN E.P. NO.13/2009 IN O.S. NO.60/2000 OF THE SUB COURT, NEYYATTINKARA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3557 of 2011 --------------------------------------- Dated this 09th day of November, 2011 JUDGMENT This original petition is filed by judgment debtor No.1 in E.P.No.13 of 2009 in O.S.No.60 of 2000 of the Court of learned Sub Judge, Neyyattinkara. In that case, an ex parte decree was passed against petitioner and judgment debtor No.2, his wife for specific performance of an agreement for sale and that decree was put in execution by the respondent by filing E.P.No.13 of 2009. On getting notice of the execution petition, wife of petitioner filed R.F.A.No.149 of 2010 in this Court. That appeal was withdrawn. Later, petitioner and judgment debtor No.2 filed E.A.Nos.422 and 424 of 2011 to keep the delivery proceedings in abeyance. That resulted in Exts.P1 and P2, order whereby time was granted till 03.11.2011. In the meantime, wife of petitioner filed I.A.Nos.636 and 637 of 2011 to set aside the ex parte decree and to condone the delay. Those applications were dismissed on 22.10.2011. Petitioner has approached this Court with a request to stay the execution proceedings and grant time so that wife of petitioner could prefer appeal against the order dated 22.10.2011. O.P(C).No.3557 of 2011 -: 2 :- 2. When this matter came up for admission, it was pointed out that a caveat is filed on behalf of the respondent. Learned counsel for petitioner submitted that counsel for caveator was not available to serve a copy of the original petition. This Court in the circumstances issued a direction that delivery of property in E.P.No.13 of 2009 will stand adjourned to a day after ten days (from 03.11.2011). 3. Learned counsel for petitioner submits that appeal against the order dated 22.10.2011 dismissing I.A.Nos.636 and 637 of 2011 has already been preferred and requested for continuance of the order of stay for a week more. 4. Since the appeal has already been filed, I am inclined to direct that the order of stay granted by this Court will stand extended for some time. Resultantly this original petition is disposed of directing that the interim order dated 03.11.2011 issued by this Court adjourning delivery of property in E.P.No.13 of 2009 to a day after ten days from 03.11.2011 will stand extended for a period of one week from this day or till the appellate court considering the application for stay in the appeal arising from the order dated 22.10.2011 on I.A.Nos.636 and 637 of 2011 passes appropriate orders in the matter, whichever is earlier. (THOMAS P. JOSEPH, JUDGE) Sbna/-