Kesavan Nair vs Bhaskara Pillai on 22 May, 2008

[Cites 1, Cited by 5]

Kerala High Court

Kesavan Nair vs Bhaskara Pillai on 22 May, 2008

Bench: M.Sasidharan Nambiar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15094 of 2008(V)


1. KESAVAN NAIR, POOVANNARA VEEDU,
                      ...  Petitioner

                        Vs



1. BHASKARA PILLAI, PADMAVILASOM BUNGLOW,
                       ...       Respondent

2. BALAKRISHNA PILLAI, VARAVILAKATHU VEEDU,

3. VASUDEVAN PILLAI, VARAVILAKATHU VEEDU,

4. VISALAKSHI AMMA, KADAVARAKKAT VEEDU,

5. SOMAN NAIR, DWARAKA VEEDU,

6. PADMINI AMMA, VARAVILAKATHU VEEDU,

7. KUMARIYAMMA, VARAVILAKATHU VEEDU,

8. SUNIL KUMAR, VARAVILAKATHU VEEDU,

                For Petitioner  :SRI.R.GOPAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/05/2008

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.

                      -------------------------------

                       W.P.(C) No.15094 of 2008

                      -------------------------------

                    Dated this the 22nd May, 2008.

                            J U D G M E N T

This petition is filed under Article 227 of the Constitution of India to quash Ext.P10 order passed in E.P.135/2005 directing delivery of the property. The case of the petitioner is that challenging the decree and judgment, A.S.No.155/2005 was filed before the Sub Court, Neyyattinkara, and in that appeal, I.A.No.1422/2005, an application for stay of execution of decree was filed and it is pending, and before disposing the appeal, the Executing Court should not have granted an order for delivery. Even though an appeal was filed, no order of stay of execution of decree was passed. In such circumstances, the Executing Court cannot find fault for directing delivery of the property. Therefore, I do not find any reason to interfere with Ext.P10 order.

2. As the appeal is pending and it is submitted that I.A.No.1422/2005 is also pending, learned Sub Judge is directed to dispose I.A.No.1422/2005 or the appeal, as expeditiously as possible. W.P.(C) No.15094/2008 2 If the petitioner moves Sub Court for an early disposal of I.A.No.1422/2005, learned Sub Judge shall dispose the same without any further delay. To enable the petitioner to move Sub Court, Neyyattinkara, the learned Munsiff is directed to keep Ext.P10 order in abeyance for one week from today. It is clarified that it does not mean that the first appellate court shall grant an order of stay. Instead appropriate order in accordance with law is to be passed.

M.SASIDHARAN NAMBIAR, JUDGE nj.

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