IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2512 of 2010(O) ------------------------- AGAINST THE ORDER DATED 22.01.2010 IN EP 1/2010 IN OS.418/2004 of MUNSIFF COURT, VAIKOM .................... PETITIONER: APPUKKUTTAN NAIR, AGED 52 YEARS, S/O. KARUNAKARAN NAIR, EDATTU KARAVATTU PUTHANPURAYIL, MARANGOLI KARA, NJEEZHOOR VILLAGE, VAIKOM TALUK, DIST. KOTTAYAM. BY ADV. MR. K.REGHU KOTTAPPURAM RESPONDENTS:- 1. RESHMI K. NAIR, D/O. KRISHNANKUTTY NAIR, EDATTU KARAVATTU PUTHANPURAYIL, MARANGOLI KARA, NJEEZHOOR VILLAGE, VAIKOM TALUK, DIST. KOTTAYAM. 2. RAMANI, W/O.KRISHNANKUTTY NAIR, EDATTU KARAVATTU PUTHANPURAYIL, MARANGOLI KARA, NJEEZHOOR VILLAGE, VAIKOM TALUK, DIST. KOTTAYAM. 3. KRISHNANKUTTY NAIR, S/O. KARUNAKARAN NAIR, EDATTU KARAVATTU PUTHANPURAYIL, MARANGOLI KARA, NJEEZHOOR VILLAGE, VAIKOM TALUK, DIST. KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 2512 of 2010 ---------------------------------------------------- Dated this the 27th day of January, 2010. JUDGMENT The petitioner who was the plaintiff in O.S. No. 418 of 2004 on the file of the Munsiff's Court, Vaikom, is aggrieved by the dismissal of the said suit on 17.10.2007 and the granting of a decree allowing the counter claim raised by the 1st respondent herein in the said suit. The petitioner claims to have filed an appeal before the District Court, Kottayam in A.S. No. 68 of 2010 (Ext.P4) with a petition to condone the delay in filing the appeal (Ext.P5) in which it is submitted that the counsel for the petitioner is said to have filed an affidavit to the effect that it was on account of certain personal reasons that he could not file the appeal in time. Pending the said appeal, the grievance of the petitioner is that the decree is put in execution. He, therefore, prays for a direction setting aside the order dated 22.01.2010 (Ext.P6) in E.P. No. 1 of 2010 in the said suit directing delivery of the property. 2. The orders of the Executing Court cannot be assailed by the petitioner in this writ petition when he has challenged the decree passed in the counter claim itself before the District W.P.(C) No. 2512/2010 : 2 : Court by filing an appeal. Hence, the interests of justice will be adequately met by directing the District Court, Kottayam to consider Ext.P5 application (I.A. No. 74 of 2010 in A.S. No. 68 of 2010) expeditiously and pass orders after giving both sides an opportunity of being heard and in the event of that court condoning the delay, to pass appropriate interim orders in the said appeal. I.A. No. 74 of 2010 (Ext.P5) shall be heard and disposed of within six weeks of receipt of a copy of this judgment and until then, all further proceedings in execution of the decree in O.S. No. 418 of 2004 shall be kept in abeyance. In case the District Court is not able to dispose of Ext.P5 application within the aforementioned time limit for any valid reason, he shall send a report to this Court through proper channel explaining the reasons. This writ petition is disposed of as above. Dated this the 27th day of January, 2010. V. RAMKUMAR, JUDGE. rv Issue photocopy. W.P.(C) No. 2512/2010 : 3 :