IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
THURSDAY, THE 07TH DAY OF JANUARY 2021/17TH POUSHA, 1942
O.P.(C)No.1842 OF 2020
(AGAINST THE ORDER IN I.A.2751/2019 IN FDIA 1083/2018
IN O.S.No.1148/2013 OF MUNSIFF COURT, WADAKKANCHERRY
PETITIONER:
CHANDRAN, AGED 49 YEARS,
S/O.PALLUR, THEKKETHIL VIJAYALAKSHMI,
THRICHUR VILLAGE, CHELOOR DESM,
TALAPILLY TALUK, THRISSUR DISTRICT,
REP.BY POWER OF ATTORNEY HOLDER ,
SUKUMARAN, AGED 67 YEARS, S/O.NARAYANAN NAIR,
PALLURUTHU THEKKETHIL HOUSE, CHATHANNOOR P.O.,
THIRUMATTAKODU VILLAGE, PATTAMBI TALUK.
BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.M.REVIKRISHNAN
SRI.P.M.RAFIQ
SRI.V.C.SARATH
SRI.VIPIN NARAYAN
SMT.POOJA PANKAJ
SRUTHY N. BHAT
SHRI.ABEL TOM BENNY
RESPONDENT:
LAKSHMI, W/O.KANIMBETHUR RAGHAVAN,
NELLUVAI VILLAGE, KUTTANCHERY DESOM,
TALAPILLY TALUK, THRISSUR DISTRICT 680 582.
R1 BY ADV. AJEESH K.SASI
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.1842 OF 2020
2
JUDGMENT
Seeking stay of further proceedings in the final decree, the petitioner filed Ext.P3 application before First Appellate Court where the appeal against the preliminary decree is pending. The application is pending consideration and orders are yet to be passed; in the meantime Final Decree proceedings are going ahead is the grievance of the petitioner.
I dispose of this original petition directing the District Court, Thrissur, where A.S.No.70 of 2018 is pending, to consider and pass appropriate orders in Ext.P3 application(I.A.1940 of 2018) as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
SATHISH NINAN JUDGE ss O.P.(C)No.1842 OF 2020 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 30.1.2018 IN O.S.NO.1148/2013 OF THE COURT OF THE MUNSIFF, WADAKKANCHERY EXHIBIT P2 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER AS A.S. 70/2018 BEFORE THE DISTRICT COURT, THRISSUR