IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10547 of 2008(E) -------------------------- OS.248/2006 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER: --------------- RAJENDRAN NAIR, S/O RADHAKRISHNAN NAIR, ASIRVAD HOUSE, THRIKKARIYOOR KARA, THRIKKARIYOOR VILLAGE, REP. BY HIS FATHER AND POWER OF ATTORNEY HOLDER RADHAKRISHNAN NAIR, ASIRVAD HOUSE, THRIKKARIYOOR KARA, THRIKKARIYOOR VILLAGE. BY ADV. SRI.VINOD RAVINDRANATH RESPONDENTS: ---------------- 1. GOPALAKRISHNAN NAIR, S/O KRISHNAN NAIR, KARUVALLIL HOUSE, THRIKKARIYOOR KARA, THRIKKARIYOOR VILLAGE. 2. K.G. JAYASREE, D/O GOPALAKRISHNAN NAIR, KARUVALLIL HOUSE, THRIKKARIYOOR KARA, THRIKKARIYOOR VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 10547 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Moovattupuzha in I.A.154/08 in A.S.12/08. The appeal is filed challenging the compromise decree and the appellate court by virtue of its order has granted stay till the disposal of the appeal. It is contended by the learned counsel for the writ petitioner that the appeal itself is not maintainable and therefore the Court should not have granted a stay. It is seen that the matter has not been considered in that perspective by the Court below. If an appeal is not maintainable then necessarily it may not be correct to pass a stay order. Therefore I set aside the order of the Court below and direct the Court to consider that matter afresh, if possible before the Court closes for summer holidays. Till that time as an interim measure the order passed by the appellate court will continue. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-