IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4428 of 2008(B) ------------------------------------- (OS.179/1993 OF PRINCIPAL SUB COURT,ALAPPUZHA) .................... PETITIONER: ------------------- P.K.ABDUL SATHAR, S/O.KOCHU MOHAMMED, RAHUMA MANZIL, EDAYAKKODA, MALAMPUZHA PANCHAYAT, PUTHOOR AMSOM DESOM, PALAKKAD TALUK, NOW RESIDING AT CHACKALAPARAMBIL, KANJIRAMCHIRA MURI, ARYADU SOUTH VILLAGE. BY ADV. SRIC.M.MOHAMMED IQUABAL. RESPONDENTS: ----------------------- 1. KUNJUMOL, D/O.CHACKO, KUTTIYIL HOUSE, PERUMPANACHY P.O., CHANGANACHERRY, KOTTAYAM. 2. RAJU.A.MATHEW, MALAYIL HOUSE, KUMARANELLOOR P.O., DO. DO. 3. VALSA, W/O.GEORGE, T.C.NO.14/585, NEAR VALSALA NURSING HOME, PALAYAM, THIRUVANANTHAPURAM. 4. VIJI.A.MATHEW, DO. DO. 5. JOGI.A.MATHEW, CHONA PARAMBIL, KUMARANELLOOR P.O., KOTTAYAM. 6. ELEYAMMA, W/O.CHERIYAN, FORWARD MARKETS COMMISSION, EVEREST 100, MARINE DRIVE, BOMBAY. 7. C.A.ABRAHAM, P.B.NO.1671, BANK OF BARODA, SHARJAH, U.A.E. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4428 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of February, 2008. J U D G M E N T This writ petition is filed with a prayer to call for the records in E.P.77/06 in O.S.179/93 and to pass an order of stay till the disposal of Ext.P6 application. Ext.P6 is an application whereby the party has requested the Court to stay the execution of the decree till the delay condonation application pending before the District Judge is disposed of and a stay is obtained. The facts and circumstances would reveal how the process of law is abused. 2. There was a preliminary decree passed by the Court against which an appeal was preferred which ended in dismissal and a second appeal is preferred and even now the delay condonation petition is pending. Thereafter the trial court passed a final decree and it was not challenged, till recently he has moved the District Court with a petition to condone the delay and for stay. The writ petitioner has W.P.C 4428 OF 2008 -:2:- never done anything in time and wants protection alone. I feel Article 227 of the Constitution of India cannot be used and the Court shall not exercise jurisdiction whereby the winning party is relegated to a position of a loosing party and thereby he is prevented form enjoying the usufructs of the decree which he has obtained after fighting for fifteen long years. Therefore I decline jurisdiction and hence the writ petition is dismissed. M.N. KRISHNAN, JUDGE. ul/-