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Judgment
7 paragraphs · 230 wordsDr. Kauser Edappagath, J
The petitioner herein was the 2nd defendant in O.S.No.469/2011 on the files of the Principal Munsiff Court, Palakkad (for short 'the trial court').
The suit was one for partition. A preliminary decree was passed. Ext.P2 is the said decree. Challenging Ext.P2, the petitioner preferred A.S.No.73/2023 before the District Court, Palakkad (for short 'the appellate court'). There was a delay of 4237 days in preferring the appeal. Hence I.A.No.1/2023 has been filed to condone the delay. In the meanwhile, the plaintiff filed execution petition as E.P.No.110/2022 before the trial court to execute the final decree which was passed subsequent to the preliminary decree. The limited prayer in the original petition is to give a direction to the appellate court to pass final orders in I.A.No.1/2023 within a time frame and to keep in abeyance the execution petition till then.
I have heard the learned counsel for the petitioner, the learned counsel for the 1st respondent and the learned counsel for the respondents 3 to 6.
Having heard both sides, this original petition is disposed of as follows:
(a) The appellate court is directed to pass final order in I.A.No.1/2023, after hearing both sides, within a period of one month from the date of receipt of a copy of this judgment.
(b) Till then, the trial court shall keep in abeyance further proceedings in E.P.No.110/2022.