IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 7030 of 2008(J) ------------------------------------- PETITIONER/ CLAIM PETITIONER: ------------------------------------------------- A.G.VIJAYAMMA, D/O.GOURIAMMA, AGED 61 YEARS, PULLUKOTTUVEEDU, KANDAMKARI MURI, CHAMBAKKULAM VILLAGE, KUTTANADU TALUK. BY ADV. SRI.C.A.CHACKO, SMT.C.M.CHARISMA, SRI.N.A.SHAFEEK. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. RAVEENDRAN, S/O.DEVAYANIAMMA, PULLUKOTTUVEEDU, KANDAMKARI MURI, CHAMBAKKULAM VILLAGE, ALAPPUZHA. 2. MANOHARAN PILLAI, S/O.LAKSHMIKUTTY AMMA, PULLUKOTTUVEEDU, KANDAMKARI MURI, CHAMBAKKULAM VILLAGE, ALAPPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7030 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of February, 2008. J U D G M E N T This writ petition is preferred with a prayer to direct the Addl. Munsiff, Alappuzha to keep in abeyance all further proceedings in E.P.244/05 in O.S.1038/00 till the disposal of Ext.P2. Ext.P2 is an application filed for stay of the decree in O.S.1038/00. The writ petitioner has filed A.S.17/08 and had moved an application for stay of the suit which is pending consideration before the Subordinate Judge, Alappuzha. The said application has been filed as early as on 31.1.08 and I am informed that delivery is ordered to take place on 7.3.2008. Since the party has already preferred an appeal and has moved an application for stay of the execution of the decree and as it is pending consideration before the appropriate appellate court it is only just and desirable that the delivery be deferred till 31.3.2008 and in W.P.C 7030 OF 2008 -:2:- the meanwhile a direction be given to the Subordinate Judge, Alappuzha to consider and dispose of the stay application in A.S.17/08. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-