V J MATHEW Vs. BALAKRISHNAN

JUDGEMENT

(1.) Petitioner is appellant in A.S.36/04 on the file of Sub court, Ottappalam. Appeal was filed challenging the decree and judgment in O.S.94/01 on the file of Munsiff court, Mannarkad. Petitioner filed an application under Order XLI Rule 5(2) of Code of Civil Procedure to stay the execution of decree. Appellate court directed petitioner to deposit the entire amount covered by the decree including the cost. Petitioner filed I.A.556/05, an application to receive immoveable property as security, instead of cash directed to be deposited. This petition is filed under Article 227 of Constitution of India for a direction to Sub court, Ottappalam to pass appropriate orders in I.A.556/05 within a time frame. Petitioner also submitted that executing court is proceeding with execution of the decree as the order of stay was not granted.

(2.) Learned counsel appearing for petitioner was heard.

(3.) As per order dated 20/11/2006 this court directed the Sub Judge to dispose Ext.P3 application (I.A.556/05) expeditiously. It is reported that still the petition is not disposed and it now stands posted to 8/3/2007 along with the appeal. Sub Judge, Ottappalam is directed to dispose I.A.556/05 within three weeks from the date of receipt of copy of this judgment. Further proceedings in E.P.103/04 in O.S.94/2001 on the file of Munsiff court, Mannarkad is stayed for one month. Writ petition is disposed accordingly.