SALIM PATHUVANA Vs. ALIKUNJU M M

JUDGEMENT

(1.) THE petitioner has approached this Court complaining that though he had filed Ext.P3 application for stay along with Ext.P2 appeal, the court did not pass any order and had adjourned the case to 21.05.2012. THEre is also an observation that the learned Judge was not inclined to grant an interim stay. In fact, the learned Judge ought to have considered the factual situation on merits and passed a speaking order.

(2.) IN that view of the matter, when this writ petition came up for hearing, this Court had passed an interim order on 17/4/2012 for a period of two weeks thereby staying operation of Ext.P1 order. The first respondent had entered appearance and opposed the application. Having heard the learned counsel appearing on either side, I feel that this is a fit case which can be disposed of by directing the the District Court, Ernakulam to dispose of Ext.P3 on merits as early as possible. Until such time, the interim order passed by this Court on 17/4/2012 shall remain in force. Hence the following directions are issued: