IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH JANUARY 2007 / 10TH MAGHA 1928 WP(C).No. 18440 of 2006(T) O.S.1748/1999 of PRL.MUNSIFF COURT, IRINJALAKUDA .................... PETITIONER: -------------------- VERONICA, AGED 52, W/O.MANJOORANVEETIL THOMAS,NORTH CHALKUDY DESOM, POTTA VILLAGE,MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------------------- KUTTAPPAN,S/O.THOMPRAKUDIYIL SANKARAN, EAST CHALKUDY VILLAGE - DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.SHEEJO CHACKO SRI.M.N.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18440 of 2006(T) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the plaint in O.S.No.1748/99 dated 15-10-99 on the file of the Munsiff Court, Irinjalakuda Ext.P2: True copy of the sale proclamation issued by the Munsiff Court, Irinjalakuda in E.P.No.681/02 in O.S.No.1748/99 dated 22-6-06. // True copy // P.A. to Judge jes M.N.KRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO.18440 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January 2007 JUDGMENT The main prayer in the writ petition is to stay the execution in O.S.1748/99 till the regular second appeal No.1244/05 is heard and disposed off by this Honourable court. The very writ petition is clear abuse of the process of the court. If a person is entitled to file a second appeal and files second appeal, it is for that court to consider whether the decree is to be stayed or not. It is not correct to file a writ petition to get a stay of the execution in a matter where a second appeal is said to have been filed by the very same writ petitioner. This writ petition lacks bonafide and dismissed. M.N.KRISHNAN, JUDGE jes