High Court of KeralaOP(C)/1584/2015disposed of

K.A George v. Lissy Antony

2015-07-06Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 193 OP(C).No. 1584 of 2015 (O) -------------------------------------- JUDGMENT DATED 28-02-2014 IN OS 550/2010 OF MUNSIFF COURT, NORTH PARAVUR ........

PETITIONER(S):

----------------------- K.A GEORGE, AGED 72, S/O.LATE A.G.ABRAHAM, ATTASSERIL KALLUNGAL HOUSE, VARAYANNOOR P.O., PULLAD, PATHANAMTHITTA.

BY ADV. SRI.BABU PAUL RESPONDENT(S):

--------------------------

1. LISSY ANTONY, AGED 65 YEARS, W/O.CHIRAYATH ANTONY, CHIRAYATH HOUSE, MUNAMBAM, PIN - 683 515.

2. DAISLY @ KUTTAN, AGED 35, S/O.ANTONY, CHIRAYATH HOUSE, MUNAMBAM - 683 515.

3. THE STATION HOUSE OFFICER, MUNAMBAM POLICE STATION, MUNAMBAM, PIN - 683 515. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

OP(C).No. 1584 of 2015 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE JUDGMENT DATED 28.02.2014 IN O.S.NO.550/2010 TO MUNSIFFS COURT, N.PARUR.

EXHIBIT P2. A TRUE COPY OF THE JUDGMENT IN W.P(C)NO.30064/2014 DATED 17.03.2015.

EXHIBIT P3. TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS 1 & 2 IN W.P(C) NO.30064/2014.

EXHIBIT P4. TRUE COPY OF THE I.A.NO.198/2015. EXHIBIT P5. TRUE COPY OF THE ORDER IN I.A.NO.198/15 DATED 06.04.15. EXHIBIT P6. B DIARY PROCEEDINGS IN RESPECT OF A.S.NO.50/14. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

B.KEMAL PASHA, J.

==================== O.P.(C).No.1584 of 2015 ===================== Dated this the 6th day of July, 2015

J U D G M E N T

It seems that without informing the petitioner, the respondents have moved the court below with an I.A. seeking for stay of the operation of the judgment and decree, that too on a date on which the appeal was not posted. It seems that without advancing the appeal, the court below had entertained the said application and passed an order. In fact, just prior to that, this Court had passed an order granting police protection to the petitioner for the construction of the compound wall of his property. The court below is directed to dispose of A.S.No.50 of 2014 as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.

O.P.(C).1584/15 The concerned judge who is in charge of the court below shall dispose of the appeal as ordered above. In the result, this Original Petition (Civil) is disposed of as above.

Sd/- B.KEMAL PASHA JUDGE DSV/6/7/15