SUSEELAN Vs. AHAMMED KANNU SYED MUHAMMED

JUDGEMENT

(1.) THE petitioner is the 11th defendant in O.S.No.287 of 2007 on the file of the Court of the First Additional Munsiff of Neyyattinkara. The respondents are the plaintiffs therein. The suit instituted by the respondents for declaration of title and possession and for other reliefs was decreed by Ext.P6 judgment delivered on 28.1.2012. The operative portion of Ext.P6 judgment in O.S.No.287 of 2007 reads as follows:

(2.) AGGRIEVED by Ext.P6 judgment and decree, the 11th defendant filed A.S.No.85 of 2012 in the Court of the Subordinate Judge of Neyyattinkara. Along with that appeal he filed I.A.No.594 of 2013 seeking stay of execution of the decree passed by the trial court. By Ext.P10 order passed on 12.6.2013, the lower appellate court dismissed the application. Hence this original petition under Article 227 of the Constitution of India.

(3.) WHEN the original petition came up for hearing today, Sri.Jojo George, learned counsel appearing for the petitioner (the appellant in A.S.No.85 of 2012) submitted that he will serve notice on respondents 4 and 5 through special messenger and after service of notice on respondents 4 and 5 in the appeal, the appellate court may be directed to dispose of the appeal before 31.12.2013. Learned counsel appearing for the respondents/ plaintiffs did not oppose the said submission. In such circumstances I dispose of the original petition with the following directions: