STATE OF KERALA Vs. C U SCARIA

JUDGEMENT

(1.) C.M.P.No.1672 of 1993 is filed for condonation of delay of 26 days in the filing of the writ appeal. The appeal is filed by the State of Kerala questioning the seizure of the vehicle of the Divisional Forest Officer pursuant to an order of attachment. Pending disposal of the appeal, petitioner has filed CMP 1681 of 1993 for grant of interim stay. Notice of the papers was received by Sri K. Balakrishnan, Advocate who was representing the contesting respondent before the learned single Judge, but he states that he has no instructions to appear in this matter. At any rate, he requests time for filing counter in the delay condonation petition.

(2.) A question has, therefore, arisen whether it is open to this Court to grant orders of stay in writ jurisdiction and particularly in this writ appeal pending disposal of the delay condonation petition wherein request is made for condoning the delay in filing of the writ appeal.

(3.) We are of the view that in view of the Explanation to S.141 of the Code of Civil Procedure, O.41 of the CPC is not attracted to this appeal and, therefore, O.41 R.3A(3) does not apply. The provision in O.41 R.3A(3) reads as follows: