RAJAN Vs. NADARAJAN

JUDGEMENT

(1.) PETITIONER who is defendant in O.S.No.532 of 2007 of the court of learned Munsiff, Wadakkancherry has suffered a decree for eviction from the building where he is residing. He filed Exct.P2, appeal with an application to condone the delay (Ext.P3). Since the appellate court could not grant any stay before delay was condoned petitioner approached this Court in W.P(C) No.15394 of 2010 and vide Ext.P5, judgment dated 20.05.2010 learned Munsiff was directed to keep the delivery proceedings in E.P.No.227 of 2009 in abeyance for a period of two weeks from that day. Learned counsel states that in the meantime delay was condoned on terms on 30.08.2010 and the appeal is posted on 13.10.2010 for admission. In the meantime the property is going to be delivered over to the respondent since period of stay granted by this court has expired and the appellate court has not considered the application for stay. Leaned counsel states that the costs ordered for condoning the delay has already been paid and that petitioner is moving an application to advance hearing of the appeal and application for stay of execution. PETITIONER wants breathing time to move the application for advancing hearing of the stay petition.

(2.) HAVING considered the facts and circumstances I direct learned Munsiff, Wadakkancherry to keep the delivery proceedings in E.P. No.227 of 2009 in abeyance till 23.09.2010. Writ Petition is disposed of as above. Registry shall communicate the order to the court of learned Munsiff, Wadakkancherry forthwith.