IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4040 of 2010(O) ------------------------- E.P.59/09 IN OS.2139/2001 of MUNSIFF'S COURT,ERNAKULAM .................... PETITIONER: --------------- K.J.JOSEPH, S/O.K.V.JOSEPH, KAINIKKATTU HOUSE, KOTHADU.P.O. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS: - ------------------- 1. C.J.GEORGE, S/O.JOSEPH, CHAMANIKODATH HOUSE, KOTHADU P.O. 2. M.O.ANTONY, S/O.OUSO, MANAPURATHU HOUSE, KANDANADU, KOTHADU.P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 4040 of 2010 ---------------------------------------------------- Dated this the 11th day of February, 2010. JUDGMENT The petitioner herein was the 2nd defendant in O.S. No. 2139 of 2001 on the file of the II Additional Munsiff Court, Ernakulam. The said suit instituted by the 1st respondent herein was one for prohibitory and mandatory injunction. The suit was eventually decreed on 11.07.2007as evidenced by Ext.P3 series. Aggrieved by the decree, the petitioner claims to have filed an appeal as A.S. No. 120 of 2009 on the file of the District Court, Ernakulam. Ext.P6(b) is the memorandum of appeal. Since the appeal was filed out of time, he has also filed I.A. No. 4263 of 2009 (Ext.P6(a) for condoning the delay of 536 days. The grievance of the petitioner is that while the matter is pending before the II Additional Munsiff Court, Ernakulam, the 1st respondent has levied execution for the mandatory injunction and if the execution proceedings are allowed to continue, it will result in demolition of the building wall of the petitioner. Hence this writ petition with various prayers including one for disposal of Ext.P6(a) application. W.P.(C) No. 4040/2010 : 2: 2. I am inclined to dispose of the writ petition by directing the II Additional District Court, Ernakulam to hear and finally dispose of I.A. No. 4263 of 2009 (delay petition) in A.S. No. 120 of 2009 after giving both sides an opportunity of being heard. Accordingly, this writ petition is disposed of directing the II Additional Munsiff Court, Ernakulam to dispose of Ext.P6(a) (I.A. No. 4263 of 2009) in A.S. No. 120 of 2009 expeditiously and at any rate within six weeks of receipt of a copy of this judgment. The proceedings in execution of O.S. No. 2139 of 2009 on the file of the II Additional Munsiff Court, Ernakulam shall remain in abeyance till the expiry of the said six weeks and thereafter subject to the result of the delay petition. Dated this the 11th day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 4040/2010 : 3: