IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6571 of 2009(O) AS.23/2008 of SUB COURT,KOTTARAKKARA OS.356/2004 OF MUNSIFF'S COURT, PUNALUR (EP 34/2008) PETITIONER: --------------- PURUSHOTHAMAN, AGED 54 YEARS, S/O. DAMODHARAN, UZHATHIL PADINJATTATHIL VELLAMTHETTI, PUNNALA VILLAGE, PATHANAPURAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: --------------- LEELA, AGED ABOUT 56 YEARS, D/O.KAMALAKSHY, UZHATHIL PADINJATTATHIL, VELLAMTHETTI, PUNNALA VILLAGE, PATHANAPURAM TALUK AND NOW RESIDING AT PLAVILAYIL, KALANJOOR VILLAGE, ADOOR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 6571 OF 2009 ------------------------------------------------------ Dated this the 27th February, 2009 JUDGMENT The petitioner is the defendant in O.S.No.356 of 2004, Munsiff's Court, Punalur, filed by the respondent for declaration of title, recovery of possession, realisation of mesne profits and for permanent injunction. The suit was partly decreed. Against the judgment and decree of the trial court, the writ petitioner has filed A.S.No.23 of 2008 before the Sub Court, Kottarakkara. The petitioner has also filed an application for stay as I.A.No.245 of 2008 in A.S.No.23 of 2008. Notice was ordered in the Appeal and the stay petition. It is stated that the stay petition is posted for hearing to 4.3.2009. Meanwhile, execution proceedings are initiated by the respondent for execution of the decree. The prayer of the petitioner is to direct the Sub Court, Kottarakkara to dispose of the application for stay in A.S.No.23 of 2008 expeditiously. Since the prayer is limited to disposal of the stay petition expeditiously, I do not think, it is necessary to issue notice to the respondent, in the manner in which I propose to dispose of the Writ Petition. 2. In the facts and circumstances of the case, there will be a direction to the Sub Court, Kottarakkara to consider the stay petition filed W.P.(C) NO.6571 OF 2009 :: 2 :: by the writ petitioner in A.S.No.23 of 2008 either on 4.3.2009, on which date it is posted, or on a date convenient to the Court in the next week itself. No further orders are necessary. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/