IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 23340 of 2009(O) ------------------------------------- AS.180/2009 of DISTRICT COURT, KOTTAYAM OS.295/2006 of MUNSIFF COURT, CHANGANACHERRY .................... PETITIONER(S): ------------------------ 1. APPACHANKUTTY, AGED 56 YEARS, S/O.THOMAS CHACKO, KARIMPIL HOUSE, NALUKODI KARA, PAIPPADU VILLAGE, CHANGANACHERRY. 2. LISSAMMA MATHEW, AGED 50 YEARS, PUTHUKULAM HOUSE, VASHNAL KARA, PAIPADU VILLAGE, CHANGANACHERRY. 3. PURUSHAN, AGED 41 YEARS, S/O.KARUMPEN, CHEMPANKULAM HOUSE, AYYARUKULAM BHAGATHU, VESHNAL KARA, CHANGANACHERRY. 4. PRAKASH, S/O.GOPI, KOCHUKUNNUMPURAM HOUSE, AYYARUKULAM BHAGATHU, PAIPPADU VILLAGE, CHANGANACHERRY. BY ADVS.MR.G.SUKUMARA MENON SMT.DEEPTHI S.MENON RESPONDENT(S): ------------------------- MATHEW, AGED ABOUT 53 YEARS, S/O.JOSEPH, KUZHIMANNIL VADAKKETHIL HOUSE, AYYARUKULAM BHAGAM, VESHNAL KARA, PAIPPADU VILLAGE, CHANGANACHERRY. PIN 686105 BY ADVS.MR. K.SHAJ MR.L.RAJMOHAN MR.SAJJU.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.23340 OF 2009 -------------------------- Dated this the 30th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following relief. i) Set aside the order in E.A No.103/2009 in E.P No.36/2009 in O.S No.295/2006 in the Court of Munsiff, Changanassery dated 07/07/2009 and allow this appeal. 2. Petitioners are the judgment debtors in E.P No.36 of 2009 in O.S No.295 of 2006 on the file of the Munsiff Court, Changanassery. Decree, which was passed exparte in the above suit was one for mandatory injunction. Petitioners have preferred an appeal with a condonation petition and the enquiry on that delay petition is still pending W.P.(C).No.23340 OF 2009 Page numbers consideration. Till the delay petition is considered and the appeal is admitted, execution of the exparte decree be stayed is the relief canvassed in the present writ petition by the judgment debtors. 3. Notice given, decree holder has entered appearance. The learned counsel for the decree holder submitted, the decree of mandatory injunction has already been executed through court and what remains is only the realisation of the cost awarded under the decree. It is submitted by the learned counsel that the decree holder shall enter appearance in the appeal A.S No.180/2009 preferred against the exparte decree with the petition to condone delay of the judgment debtors/appellants and till a decision is taken on the petition for delay, the execution of the decree for realisation of the cost will be deferred. The W.P.(C).No.23340 OF 2009 Page numbers counsel also requested for fixing a time limit for the appellate court to dispose the delay petition after conducting any enquiry, if need be. The learned counsel for the petitioner also submitted that the decree granted in respect of the mandatory injunction has already been executed. In such circumstances, I find the suggestion made by the learned counsel for the respondents/decree holders deserves acceptation. The respondents shall enter appearance in the appeal irrespective of the question of receiving of notice issued by the appellate court within two weeks from the date of this judgment and the appellate court after providing him an opportunity to file objections, if any, to the petition to condone delay shall dispose of that petition within a period of six weeks from the date of appearance of the respondents in the appeal. Notice on appearance shall be intimated by the respondents to the appellant on which it is for W.P.(C).No.23340 OF 2009 Page numbers the appellant to move appropriate application before the court below to bring its notice, the time limit fixed for disposing the petition for condoning delay. Send a copy of the judgment to the concerned appellate court and also hand over a copy to the counsel on both sides on usual terms. Writ petition is disposed with the above directions. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv