SOMAN Vs. PAUL

JUDGEMENT

(1.) PETITIONER is defendant in O.S. No.510 of 1993 of the court of leaned Munsiff, Muvattupuzha and appellant in A.S.No.331 of 2009 of the court of learned Additional District Judge (Adhoc-II), Ernakulam. Trial court passed an order against petitioner under Section 144 of the Code of Civil Procedure in respect of a shed allegedly constructed in the suit property. PETITIONER is ordered to remove that structure. That order was challenged in appeal - A.S.No.331 of 2009 which was originally filed in the Sub Court, Muvattupuzha. According to the petitioner a batch of appeals including A.S. No.331 of 2009 were made over to the court of learned Additional District Judge (Adhoc-II), Ernakulam. Learned counsel states that on enquiry in the office of the transferee court it was informed that notice will be issued to counsel on the appeal. But no such notice was issued and later it was revealed that on 14.06.2010 the appeal was dismissed for default. Immediately on learning about the dismissal of the appeal, petitioner filed Exts.P2 and P3, applications to readmit the appeal and to condone the delay of 65 days in filing application to readmit the appeal. Learned counsel states that the said applications are not posted and in the meantime order on I.A. No.1914 of 2003 is about to be executed. If the said order is executed petitioner will be put to much hardship.

(2.) AS revealed from the submission of learned counsel the order on I.A. No.1914 of 2003 is under challenge in A.S. No.331 of 2009 and Exts.P2 and P3 are pending. I am told that the said applications are not posted. In the circumstances I am inclined to direct that execution of order on I.A. No.1914 of 2003 shall be kept in abeyance for some time so that in the meantime petitioner can move Exts.P2 and P3, applications and seek appropriate relief. Resultantly, this Petition is disposed of directing learned Munsiff, Muvattupuzha to keep in abeyance the order on I.A. No.1914 of 2003 for a period of three weeks from this day.