IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 19177 of 2009(Q) -------------------------- CRMP.1175/2009 of D.C. & SESSIONS COURT,KOLLAM MC.25/2007 of J.M.F.C. - I, KARUNAGAPPALLY .................... PETITIONER(S): ------------------------- ALEXANDER,S/O.MATHEW CROOSE,ALEX VILLA, MARUTHOORKULANGARA THEKKU,AYANIVELIKULANGARA, KARUNAGAPPALLY,KOLLAM DISTRICT. BY ADVS. MR.JOHNSON GOMEZ, MR.S.BIJU (KIZHAKKANELA), FR.JOHNY THOTTAM. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. PHILOMINA,D/O.AANI,KODEEVADAKKATHIL, PUTHUKKAD MURI,CHAVARA(FROM ALEX VILLA, MARUTHOORKULANGARA THEKKU,AYANIVELIKULANGARA, KARUNAGAPPALLY). R1 BY GOVERNMENT PLEADER MR. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.19177 of 2009 Q -------------------------- JUDGMENT This petition is filed under Article 227 of Constitution of India to direct Sessions Judge, Kollam to consider Exhibits P3 to P5 filed by the petitioner challenging Exhibit P1 order. Exhibit P1 is an order passed by Judicial First Class Magistrate, Karunagappally under Section 12 of Protection of Women from Domestic Violence Act. Challenging that order, Exhibit P3 appeal was filed. But, it was filed with a delay of 442 days. Exhibit P4 petition was filed under Section 5 of Limitation Act to condone the delay. Along with Exhibit P3 appeal, Exhibit P5 petition for stay of execution of Exhibit P1 order is also filed. Grievance of the petitioner is of the non disposal of Exhibits P3 to P5. Without condoning the delay sought for in Exhibit P4, Exhibit P3 appeal cannot be disposed or an order staying execution as sought WPC 19177/09 2 for in Exhibit P5 could be passed. It is up to the petitioner to file an application before Sessions Court for an early disposal of the petitions. If such an application is filed, Sessions Judge to pass appropriate orders for disposal in accordance with law. Petition is disposed. 22nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv