IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 OP(C).No. 253 of 2011(O) ------------------------ AGAINST THE ORDER DATED / / IN IA 2226/2010 IN AS.118/2010 of ADL.SUB COURT, THALASSERY OS.1/2004 of MUNSIFF COURT, THALASSERY .................... PETITIONERS: --------------- 1. T.P.AZEEZ,S/O.ABDULLA,AGED 62 YEARS, R/A.BINUMAHAL, CHOKLI AMSOM, PERINGADI DESOM,TELLICHERRY TALUK, KANNUR DISTRICT 2. V.M.ABUBACKER, S/O.MOIDU, AGED 62 YEARS, R/A.'BLISS',CHOODIKOTTA P.O., AZHIUR AMSOM AND DESOM, BADAGARA TALUK, KOZHIKODE DISTRICT BY ADV. MR.M.SASINDRAN MR.V.VENUGOPAL RESPONDENTS: --------------- M.KUTTIAMOO, S/O.C.K.MOIDU,AGED 59 YEARS, BUSINESS, R/A.AHAMAD MANZIL MAHE, PONDICHERRY STATE-673310 ADV. MR.T.A.SHAJI THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ O.P.(C).No.253 Of 2011 ---------------------- Dated this the 18th day of February, 2011. J U D G M E N T Petitioners are defendants 3 & 4 in O.S.No.1/2004 on the file o the Munsiff Court, Thalassery. They are the appellants 3 & 4 in A.S.No.118/2010 on the file of the Sub Court, Thalassery. Suit filed by the plaintiff for declaratory reliefs was decreed by the trial court and granted 4 declarations and other consequential reliefs. Appellants moved before the lower appellate court for stay of operation of the judgment and decree in the suit. The lower appellate court passed Ext.P8 order dismissing the petition for stay. 2. Heard both sides. 3. The learned counsel for the respondent did not oppose the request of the petitioners for stay of operation of the judgment and decree in O.S.No.1/2004 except declaration No.3 in the Ext.P4 judgment passed by the trial court. Learned counsel for the petitioners also agreed in limiting stay of operation of the decree excluding the declaration No.3. ::2:: O.P.(C).No.253 Of 2011 4. Accordingly, the prayer in the O.P. Is partly allowed. The operation of judgment and decree passed in O.S.No.1/2004 on the file of the Munsiff Court, Thalassery is stayed till the disposal of the appeal except declaration No.3 in Ext.P4 judgment. There will be a further order staying the operation of conduct of election pursuant to Ext.P4 judgment. In view of the directions issued as above there will be a further direction to the Sub Court, Thalassery to hear and dispose of the appeal within a period of six months from today. The O.P. is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-