IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34970 of 2008(K) -------------------------------------------- AS.142/2007 of PRL.SUB COURT, IRINJALAKUDA OS.579/2003 of MUNSIFF COURT, KODUNGALLUR (EP 375/08) .................... PETITIONER: UNNIKRISHNAN, S/O VELANDY, AGED 48, KAROLI VEETTIL, VANCHIPPURA DESOM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: 1. CHANDRUKA, W/O THEKKINEDATHVEETTIL BALAN, KARA-KATHIYALAM DESOM, EDAVILANGU VILLAGE, EDAVILANGU P.O., KODUNGALLUR TALUK, THRISSUR DIST. 2. DEVAYANI, W/O RAMATHVEETTIL KUTTAN, PERINJANAM WEST DESOM, PERINJANAM VILLAGE, PERINJANAM P.O., THRISSUR. 3. SHANKUGHAN, S/O KAROLIVEETTIL VELANDY, VANCHIPPURA DESOM, KAIPAMANGALAM VILLAGE, KAIPAMANGALAM P.O., THRISSUR. 4. PRABHAVATHY, W/O VALAVATH VEETTIL VASU, VALAPPAD BEACH DESOM VILLAGE, CHAVAKKAD TALUK, CHAVAKKAD P.O., THRISSUR DIST. 5. VIJAYAN, S/O KAROLI VELANDY, PANAPARAMBU DESOM, PERINJANAM VILLAGE, KODUNGALLUR TALUK, KODUNGALLUR P.O., THRISSUR DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.34970 of 2008 K -------------------------- JUDGMENT The defendant/judgment debtor in O.S.No.579/03 on the file of the Munsiff's Court, Kodungallur is the petitioner. It is submitted by the counsel for the petitioner that the said suit was one for partition filed against him by the plaintiffs, who are the brothers and sisters of the petitioner; that against the preliminary decree passed in the suit, petitioner preferred A.S.No.142/07 before the Sub Court, Irinjalakuda; that there being delay in filing the said appeal, stay petition could not be moved, but that the delay has been condoned on 29.3.2008 and thereafter petitioner moved a petition for stay of execution, as in the meanwhile final decree was passed in the suit and E.P.No. 375/08 was filed by the plaintiffs against the petitioner, but that the appellate court without passing any order on the stay petition has posted it with appeal to 29.11.2008, whereas, before the WPC 34970/08 2 execution court the E.P. stands posted for delivery of the property in his possession to 27.11.2008. Delivery of the property shall stand adjourned to 16.12.2008. In the meanwhile, the petitioner shall move the appellate court and get appropriate orders on the stay petition stated to have been filed already or to have the appeal itself argued and disposed of. Petitioner may produce a copy of this judgment before the Sub Court, Irinjalakuda, where the appeal is stated to be pending for appropriate action being taken in accordance with the directions issued in this writ petition. The writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. 26th November, 2008 (K.P.Balachandran, Judge) tkv