Joseph vs Georgekutty
2021 Latest Caselaw 6633 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA,
                            1942

                    OP(C).No.508 OF 2021

AGAINST THE ORDER DATED 30.1.2021 IN E.A.2/2020 IN EP 1/2016
          IN OS 103/2013 OF MUNSIFF'S COURT,IDUKKI


PETITIONER/PETITIONER:

            JOSEPH,
            AGED 76 YEARS
            S/O. CHACKO, RESIDING AT KALAYIL HOUSE,
            THOPRAMKUDY KARA, THOPRAMKUDY P.O., VATHIKUDY
            VILLAGE, UDUMBACHOLA TALUK ( NOW IDUKKI
            TALUK),PIN-685 609

            BY ADVS.
            SRI.K.K.CHANDRAN PILLAI (SR.)
            SMT.S.AMBILY
            SHRI.MICKY THOMAS

RESPONDENT/RESPONDENT:

            GEORGEKUTTY,
            S/O. MANI, RESIDING AT KAIPPANPLACKAL HOUSE,
            MARIGIRI KARA, NOW PRAKSH P.O., VATHIKUDY
            VILLAGE, UDUMBACHOLA TALUK ( NOW IDUKKI
            TALUK),PIN-685 609


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P(C)No.508/2021

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        Dated this the 24th day of February, 2021


                         J U D G M E N T

Heard the learned counsel for the petitioner.

In the nature of relief proposed to be granted,

issue of notice to the respondent does not appear

to be necessary.

2. What is under challenge in this proceedings

is Ext.P5 order dated 30.01.2021 passed by the

learned Munsiff's Court, Idukki, in E.A.No.2/2020

in E.P.No.1/2016 in O.S.No.103/2013. A decree for

specific performance was issued against the

petitioner. Challenging the decree, he filed

A.S.No.3/2020 before the Sub Court, Kattappana. The

appeal is still pending and no orders of stay have

been issued till date in as much as the appeal was

filed with a delay of 1638 days. I.A.No.1/2020

filed for condoning delay is pending consideration

in appeal and it is submitted that it was not taken O.P(C)No.508/2021

:-3-:

up for consideration. In the meantime, the

petitioner approached the execution court and

sought the proceedings to be stayed invoking Order

XXI Rule 26 of CPC. It was turned down by Ext.P5 by

the court below for its own reasons.

3. After hearing the petitioner's counsel, I

am of the opinion that this original petition

itself could be disposed of by directing the lower

appellate court to take up the delay petition and

dispose it of in accordance with law, after hearing

both parties within a reasonable time. The

execution court can also be ordered to hold the

execution proceedings for a specified period of

time.

In the result, this original petition is

disposed of directing the Sub Court, Kattappana, to

dispose of I.A.No.1/2020 in A.S.No.3/2020 and

I.A.No.1/2021 in A.S.No.3/2020 in accordance with O.P(C)No.508/2021

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law after hearing both parties within a period of

two months from the date of receipt of certified

copy of this judgment. The Munsiff's Court, Idukki,

is directed to postpone the execution proceedings

for a period of two months. The petitioner shall

produce certified copy of this judgment before the

lower appellate court for compliance.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P(C)No.508/2021

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APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF JUDGMENT DATED 26.05.2015 IN OS NO.103 OF 2013 OF THE MUNSIFF'S COURT, IDUKKI

EXHIBIT P2 COPY OF APPEAL MEMORANDUM DATED 20.01.2020 IN AS NO.3 OF 2020 FILED BY THE PETITIONER BEFORE THE SUB COURT, KATTAPPANA

EXHIBIT P3 COPY OF PETITION IA NO.1 OF 2020 DATED 20.01.2020 IN AS NO.3 OF 2020 FILED BY THE PETITIONER BEFORE THE SUB COURT, KATTAPPANA

EXHIBIT P4 COPY OF STATION PETITION E.A.NO.2 OF 2020 DATED 01.02.2020 IN EP. NO.1 OF 2016 IN OS NO.103 OF 2013 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, IDUKKI

EXHIBIT P5 COPY OF ORDER DATED 30.01.2021 IN E.A.NO.2/2020 IN EP NO.1/2016 OF THE MUNSIFF'S COURT, IDUKKI

EXHIBIT P6 COPY OF STAY PETITION IA NO.1 OF 2021 DATED 16.02.2021 IN AS NO.3 OF 2020 FILED BY THE PETITIONER BEFORE THE SUB COURT, KATTAPPANA