IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 13825 of 2009(O) -------------------------------------- AGAINST THE ORDER DATED 12/02/2009 IN IN EP 32/2008 IN OS.674/1996 of MUSIFF COURT, WADAKKANCHERRY .................... PETITIONER(S): ---------------------- KRISHNAN, KARINKADATHIL HOUSE, CHOWANNUR P.O., KARUMKULAM VIA., THALAPPILLY TALUK. BY ADV. MR.B.KRISHNA MANI RESPONDENT(S): ------------------------ CHERU @ SKARIACHAN, KANIPPAYYUR VILLAGE & DESOM, THALAPPILLY TALUK. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13825/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.S.674/1996 BEFORE THE MUNSIFF COURT CVHAVAKKAD DATED 07/08/1998. EXT.P2: COPY OF THE JUDGMENT IN A.S.177/1999 BEFORE THE DISTRICT COURT, THRISSUR DATED 29/07/2004. EXT.P3: COPY OF THE MEMORANDUM OF APPEAL IN R.S.A. NO.83/2009 BEFORE THE HONORABLE HIGH COURT OF KERALA, DATED 10/12/2004. EXT.P4: COPY OF THE ORDER IN E.P. NO.32/2008 IN O.S. NO.674/1996 BEFORE THE MUNSIFF COURT WADAKANCHERRY DATED 12/02/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.13825 of 2009 - O --------------------------------- Dated this the 17th day of August, 2009 JUDGMENT This writ petition is filed seeking the following reliefs: “i) To call for the records leading to Ext.P4 and quash the same by writ of certiorari or any other appropriate writ, order or direction. ii) To issue a writ of prohibition or any other appropriate writ, direction or order restraining the Munsiff Court, Wadakkanchery from proceeding ahead with Exhibit P4 in any manner. iii) To stay all further proceedings pursuant to Exhibit P4 until the disposal of this Writ Petition.” 2. Petitioner is one among the legal heirs of the defendant in a suit for specific performance which has been decreed in favour of the plaintiff in that suit. It is his case that a second appeal was preferred by his predecessor, but, before its admission, the predecessor, appellant passed away. Later, petitioner and other legal heirs moved an application for impleadment as additional appellants with petitions to condone delay and abatement. Delay condoned and abatement set aside and the appeal now stands posted for admission, according to the counsel. Meanwhile, the respondent/decree holder is taking hasty steps for executing the W.P.(C).No.13825 of 2009 - O 2 decree and getting delivery of the property. When the writ petition was admitted and taken on file, interim stay was granted directing the execution court to keep the delivery in abeyance, which still continues. Though notice was issued to the respondent, it has been returned unclaimed. I am satisfied that due service has been effected on the respondent. After having heard the counsel for the petitioner, I find that a breathing time can be granted to the petitioner to get appropriate orders in the second appeal for stay of the delivery, provided, his appeal is admitted and taken on file. Having regard to the facts and circumstances involved and the submissions made, I direct the executing court to keep in abeyance the delivery for a period of one month. The execution court may proceed with further steps in execution, after the period fixed as above, provided there is no order staying the proceedings. The writ petition is closed. Hand over a coy of the judgment to the learned counsel for the petitioner and send a copy to the executing court concerned. S.S.SATHEESACHANDRAN, JUDGE. bkn/-