IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35884 of 2008(V) -------------------------- AS.70/2008 of DISTRICT COURT, THRISSUR OS.615/2005 of M.C.,VADAKKANCHERRY .................... PETITIONER --------------- VILASINI, W/O.LATE PADMANABHAN, 60 YEARS, MULAKKAL HOUSE, KARUMATHRA PO., VADAKKANCHERRY, THRISSUR. BY ADV. SMT.O.H.NAZEEBA SRI.SUNNY P MARKOSE RESPONDENTS: --------------- 1. RAMAKRISHNAN, S/O.LATE KARAPPAN, KRISHNA VIHAR, VELAMPARAMBIL HOUSE, CHERUTHURUTHI PO., VADAKKANCHERRY, THRISSUR. 2. LEELA, W/O.PARAMESWARAN VELANPARAMBIL, KARUMATHA PO., VADAKKANCHERRY, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 35884 OF 2008-V ------------------------------- Dated this the 4th December, 2008. JUDGMENT This writ petition is filed by the first defendant in O.S.615/2005 on the file of the Munsiff's Court, Vadakkancherry assailing the order passed by the final decree court on I.A.2321/2008. The said I.A was filed by the petitioner for staying the final decree proceedings till the disposal of I.A.610/2008 in A.S.70/2008 filed by her before the first appellate court assailing the preliminary decree passed in the suit. It is submitted that I.A.610/2008 in A.S.70/2008 stands posted to 2.1.2009 ordering notice to the respondents and that, therefore, till orders are passed on I.A.610/2008 by the first appellate court, the final decree proceedings may be ordered to be stayed. 2. In the nature of the reliefs sought, I am of the view that notice need not be issued to the respondents. Considering the grievance highlighted, I grant stay of passing of final decree in the suit for a period of one month from today, within which time the petitioner may obtain appropriate orders from the first appellate WPC 35884/2008 2 court. This writ petition is disposed of with the above directions. K.P.BALACHANDRAN JUDGE jj