IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 OP(C).No. 166 of 2010(O) ------------------------ IA NOS.2787 & 2788/2010 IN AS 59/2003 OF ADDL.DISTRICT COURT, NORTH PARAVUR OS.638/1998 of MUNSIFF COURT,ALUVA .................... PETITIONER ------------------------------ ANEES, W/O. THOMAS, AGED 49 YEARS, POONELI HOUSE, PULLUVAZHI KARA, PERUMBAVOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------- 1. AMMINI, W/O. KUMARAN, AGED 48 YEARS, NOW RESIDING AT THEKKEDATH, CHALAKKUDY KARA, CHALAKKUDY VILLAGE. 2. SHINY, D/O. KUMARAN, AGED 28 YEARS, NOW RESIDING AT THEKKEDATH, CHALAKKUDY KARA, CHALAKKUDY VILLAGE. 3. PRADEEP, S/O. KUMARAN, AGED 25 YEARS, NOW RESIDING AT THEKKEDATH, CHALAKKUDY KARA, CHALAKKUDY VILLAGE. 4. PRAKASAN, S/O. KUMARAN, AGED 26 YEARS, NOW RESIDING AT THEKKEDATH, CHALAKKUDY KARA, CHALAKKUDY VILLAGE. 5. RADHA, D/O. RAGHAVAN, AGED 50 YEARS, CHENGALATH VEETTIL, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, PERUMBAVOOR. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.166 of 2010 -------------------------------------- Dated this the 1st day of October, 2010. JUDGMENT Appellant No.1 in A.S.No.59 of 2003 of the court of learned Additional District Judge, North Paravur is the petitioner before me. He, along with others challenged judgment and decree in O.S.No.638 of 1998 of the court of learned Munsiff, Aluva. That appeal was dismissed for default. Thereon petitioner and others filed application for restoration which also met with the same result. Then came I.A.Nos.2787 of 2010 and 2788 of 2010 for restoration of the application for restoration of the appeal and to condone the delay in filing the second application for restoration. Grievance of the petitioner is that pending those applications, respondent Nos.1 to 4 are attempting to execute the decree. Petitioner seeks a direction to the learned Additional District Judge to dispose of the above said applications. Learned counsel requested that a direction in that line may be issued to the learned Additional District Judge and in the meantime the execution proceedings may be kept in abeyance. 2. Having regard to the circumstances stated I am not inclined to think that there must be an order for stay of execution proceedings. But I direct learned Additional District Judge, North Paravur to dispose of the pending OP(C) No.166/2010 2 applications in A.S.No.59 of 2003 as early as possible considering the fact that the decree under challenge is sought to be executed in the trial court. THOMAS P.JOSEPH, Judge. cks