IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 OP(C).No. 2410 of 2011(O) ------------------------------- AGAINST THE ORDER DATED 06/06/2006 IN IA.726/2010 IN OS.6/2005 of SUB COURT, PALA .................... PETITIONER: --------------- LALI, W/O.SANTHOSH THOMAS, VELAMPARAMBIL, LALAM KARA, LALAM VILLAGE, MEENACHIL THALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.M.P.MADHAVANKUTTY SRI.GOKUL DAS V.V.H. RESPONDENT(S): --------------------- MANI, S/O.KARUNAKARAN, CHALADIYIL, PULIYANNOOR KARA, PULIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2410/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN O.S. NO.6/2005 BEFORE THE SUBORDINATE JUDGE'S COURT, PALA. P2: COPY OF I.A. NO.1056/2011 IN A.S. NO.164/2007 BEFORE THE ADDITIONAL DISTRICT COURT (VIGILANCE COURT), KOTTAYAM. P3: COPY OF I.A. NO. 1057/2011 IN A.S. NO.164/2007 BEFORE THE ADDITIONAL DISTRICT COURT (VIGILANCE COURT), KOTTAYAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2410 of 2011 -------------------------------------- Dated this the 28th day of July, 2011. JUDGMENT Notice to the respondent is dispensed with in view of the decision I propose to take. 2. Petitioner is a defendant in O.S.No.6 of 2005 of the court of learned Sub Judge, Pala. That is a suit for specific performance of an agreement for sale which ended in a decree in favour of the respondent. Petitioner challenged that judgment and decree in A.S.No.164 of 2007 before learned Additional District Judge (Vigilance), Kottayam. That appeal was dismissed for default on October 15, 2009. Petitioner filed I.A.No.1057 of 2011 for readmission of the appeal and I.A.No.1056 of 2011 for condonation of delay of 608 days in filing the said application. Learned counsel submits that copy of the said applications are served on counsel for respondent in the appeal and those applications are now posted on August 26, 2011 for appearance of respondent. In the meantime respondent filed I.A.No.726 of 2010 in the trial court for execution of the sale deed. Learned counsel submits that now the case is posted on August 8, 2011 for delivery. Grievance of petitioner is that if before I.A.Nos.1056 of 2011 and 1057 of 2011 are disposed of property is delivered, petitioner will be put to irreparable injury and loss. It is also submitted that petitioner is prepared to pay cost for allowing I.A.No.1056 of 2011 for condonation of delay. OP(C) No.2410/2011 2 3. Whether I.A.Nos.1056 of 2011 and 1057 of 2011 are to be allowed or not and if so how, are matters which learned Additional District Judge has to decide. This Court in this proceeding cannot go into that matter. 4. It is urged before me that those applications are filed with notice to counsel for respondent. In the circumstances if before those applications are disposed of delivery is effected it may cause inconvenience to the petitioner. Hence I am inclined to direct that delivery proceedings will stand adjourned till August 31, 2011 or till learned Additional District Judge passes appropriate orders on I.A.Nos.1056 of 2011 and 1057 of 2011, whichever is earlier. Resultantly this Original Petition is disposed of directing that delivery proceedings in O.S.No.6 of 2005 of the court of learned Sub Judge, Pala will stand in abeyance till 31.08.2011 or till learned Additional District Judge (Vigilance), Kottayam disposes of I.A.Nos.1056 of 2011 and 1057 of 2011, whichever is earlier. In the meantime, petitioner is directed not to commit any waste or other act in the property of induct others into possession. THOMAS P.JOSEPH, Judge. cks