IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 2609 of 2008(I) -------------------------------------- PETITIONER: -------------------- OMANA SURENDRAN, AGED 37 YEARS, W/O.SURENDRAN, THEVALAPURATHU PADEETTATHIL, THULAMPARAMBU NADUVATHUM MURI, HARIPAD VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.S.MOHANAN RESPONDENT: ------------------------ MINI SHAJAN, AGED 34 YEARS, W/O.SHAJAN OF KARAKKATTU VEETTIL, THULAMPARAMBU NADUVATHUM MURI, HARIPAD VILLAGE, KARTHIKAPPALLY TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 2609 OF 2008 --------------------- Dated this the 22nd day of January, 2008 JUDGMENT This writ petition is filed to direct the Additional District Court, Mavelikara, to dispose of I.A. 758/07 in A.S. 154/07 and for stay of the execution proceedings in E.P. 28/07 in O.S. 122/04, pending before the Munsiff court, Haripad, till disposal of the appeal. 2. Learned counsel for the writ petitioner submits that the appeal has been filed with a petition to condone the delay of 300 days and it is pending consideration before the appellate court and without disposal of that application, the court may not be in a position to consider the stay application as well. In the meantime, if the property is proceeded against in the execution petition, it will cause undue hardship and therefore prays for the relief mentioned above. 3. Considering the facts and circumstances of the case, I direct the Additional District Court, Mavelikara, to dispose of the delay condonation application in A.S. 154/07 and then to consider I.A.758/07 and pass appropriate orders thereon. This may be done by the Additional District Judge, within a period of six weeks from the date of receipt of a copy of this judgment. I also direct the Munsiff, WPC NO 2609/08 2 Haripad, not to proceed with the execution proceedings in O.S. 122/04 for a period of two months from today. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 2609/08 3