IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 27686 of 2009(O) -------------------------- CMA.72/2009 of DISTRICT COURT,KOZHIKODE OS.176/2008 of PRL.MUNSIFF COURT.,KOZHIKODE-II .................... PETITIONER: --------------- MAMMOTTY KAMBA,S/O.ABDULLA, WHITE HOUSE,NEAR PAYYANACKAL KAVU, P.O.KALLAYI,PANNIYANKARA AMSOM DESOM, KOZHIKODE. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT: --------------- CHATTICKAL SHANMUGHAN,S/O.VECHUNNI, PARAMBIL THODIYIL JANAKI HOUSE,P.O.AZHINJILAM, MALAPPURAM DISTRICT,REP.BY POWER OF ATTORNEY HOLDER PRASANNA,W/O.SHANMUGHAN,PARAMBIL THODIYIL JANAKI HOUSE,P.O.AZHINJILAM,MALAPPURAM DISTRICT. ADV. SRI.K.M.JAMALUDHEEN FOR R SMT.LATHA PRABHAKARAN FOR R SRI.K.K.KRISHNA KUMAR FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27686 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : E.P.No.98 OF 2009 IN O.S.NO.176 OF 2008 OF ADDL. MUNSIFF COURT, KOZHIKODE II EXHIBIT P2 : C.M.A.NO.72 OF 2009 BEFORE THE DISTRICT COURT , KOZHIKODE EXHIBIT P3 : I.A. IN C.M.A.NO.72 OF 2009 DTD. 30.01.2008 RESPONDENT'S EXHIBITS: NIL True Copy P.A to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.27686 of 2009 --------------------------------------- Dated this 13th day of July, 2010 JUDGMENT Defendant in O.S.No.176 of 2008 of the court of learned Additional Munsiff-II, Kozhikode is the petitioner before me seeking an early disposal of C.M. appeal No.72 of 2009 pending in the court of learned District Judge, Kozhikode. Respondent obtained an ex parte decree for eviction of petitioner from the shop room. Petitioner unsuccessfully attempted at unsettling the ex parte decree. That order is under challenge in Ext.P2, C.M appeal. Though petitioner has requested for stay in the C.M appeal that application is posted along with C.M appeal. Prayer in this writ petition is for early disposal of the C.M appeal and in the meantime to keep delivery of the shop room in abeyance. It is stated by learned counsel for petitioner that the C.M appeal is posted for hearing on 27-07-2010. Learned counsel for respondent states that execution of the decree itself is kept in abeyance on account of this writ petition. 2. The C.M appeal is coming up for hearing before learned Munsiff on 27-07-2010. This court while admitting the writ petition had directed proceedings in E.P.No.98 of 2009 to be W.P.C.No.27686 of 2009 : 2 : kept in abeyance and that order remains in force even now. Having regard to the facts and circumstances of the case I direct learned District Judge to dispose of C.M. Appeal No.72 of 2009 as expeditiously as possible. The direction issued by this court to keep E.P.No.98 of 2009 in abeyance will continue till 27-07-2010. It is open to the petitioner to request for appropriate reliefs in the C.M appeal. Learned District Judge shall pass appropriate orders untrammeled by any order passed in this writ petition and considering the facts and circumstances of the case. With the above direction, the writ petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-