IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 21593 of 2008(U) -------------------------- AGAINST THE ORDER IN EA 413/08,EP 267/06 IN OS.649/1996 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------ REELA MOHAN,W/O.MOHANAN,AGED 35 YEARS NP 8/379 (13/514) VARUVILATHADATHARIKATHU VEEDU PARAYAM P.O., NANNIYODE, NEDUMANGAD TALUK THIRUVANANTHAPURAM BY ADV. SRI.C.K.MOHANAN RESPONDENTS: ------------- S.SUBHASH, S/O. SUNDARAN NADAR PADMALAYAM, PANANVILA, NALANCHIRA POST THIRUVANANTHAPURAM BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21593 of 2008 ------------------------------- Dated this the 17th July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India to call for the records in E.A.No.413 of 2008 in E.P.No.267 of 2006 in O.S.No.649 of 1996, and to direct Sub Court, Thiruvananthapuram, to keep in abeyance all execution proceedings including delivery, till the statutory remedy available to the petitioner like appeal are exhausted. 2. The learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel appearing for petitioner is that application was dismissed on 11.7.2008 and even though copy application was filed, it was not received and before the petitioner files an appeal, delivery may not be ordered. 4. On hearing the learned counsel, I do not find it just or proper to direct the executing court to postpone the further steps to W.P.(C) No.21593 of 2008 2 enable the petitioner to challenge the order dismissing her application. Writ petition does not disclose whether petitioner has filed application for carbon copy or the certified copy and whether an urgent application is filed or not. In such circumstances, I am not inclined to grant any direction to Sub Judge to keep the delivery in abeyance as sought for. If the petitioner files an urgent copy application, Sub Judge shall issue the copy applied for without delay. M.SASIDHARAN NAMBIAR, JUDGE nj.