IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 OP(C).No. 495 of 2010(O) ------------------------ AS.376/2009 of I ADDL.DISTRICT COURT, THRISSUR EP NO.781/2010 IN OS.2568/2007 of PRINCIPAL MUNSIFF COURT,THRISSUR .................... PETITIONER ------------------------------ SMITHA, W/O.UNNIKRISHNAN, PANDARAN HOUSE, KALATHODE PULIPARAMBU DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- 1. SURENDRAN, S/O.RAMAN, PANDARAN HOUSE, KALATHODE PULIPARAMBU DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN 680655. 2. SREEMATHI, W/O.SURENDRAN, PANDARAN HOUSE, KALATHODE PULIPARAMBU DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN 680655. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.495 of 2010 -------------------------------------- Dated this the 29th day of October, 2010. JUDGMENT Petitioner is defendant No.2 in O.S.No.2568 of 2007 of the court of learned Additional Munsiff-I, Thrissur where she has suffered a decree for eviction from the building in the suit property. Challenging that judgment and decree she filed A.S.No.376 of 2009 in the court of learned Additional District Judge-I, Thrissur on 26.09.2009 and filed Ext.P2, I.A.No.2567 of 2010 for stay of execution of the decree. No order was passed on that application. In the meantime as there was no stay from the appellate court executing court proceeded with execution of the decree. Steps are being taken for delivery of the property. Thereon petitioner filed I.A.No.3325 of 2010 and 3324 of 2010 to advance hearing of Ext.P2, application and to take up the appeal on same day. Grievance of petitioner is that the said applications are posted on 02.12.2010 and in the meantime executing court is proceeding with execution of decree. Petitioner therefore seeks a direction to the learned Additional District Judge to dispose of Ext.P2, application at the earliest. 2. In the circumstances stated, it is only appropriate that learned District Judge disposed of I.A.No.2567 of 2010 in A.S.No.376 of 2009 at the earliest by advancing hearing of I.A.No.2567 of 2010 as requested in I.A.No.3325 of 2010, with notice to both sides. In the meantime, it is directed that OP(C) No.495/2010 2 delivery proceedings in O.S.No.2568 of 2007 now pending execution in the court of learned Principal Munsiff, Thrissur will stand in abeyance for two weeks from this day. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks