M.K.Sreenivasan vs Dr. K.P.Sreedharan

A. Badharudeen, J

This Original Petition has been filed under Article 227 of the Constitution of India seeking early disposal of I.A.Nos.1 and 2 of 2021 in

O.S.No.501/2019, pending before the Munsiff Court-I, Kozhikode.

Ext.P5 is the Execution Petition filed by the decree holder after securing exparte decree dated 30.01.2021. The further prayer is to stay the

execution of the decree till the disposal of the I.A.Nos.1 and 2 of 2021 in O.S.No.501/2019.

Heard the learned counsel for the petitioner.

The petitioner is a person in occupation of the building as per a licence, according to the plaintiff in the Suit. I.A.Nos.1 and 2 of 2021 in

O.S.No.501/2019 were filed when the Execution Petition was filed. Therefore, there is reason to doubt dilatory tactics in this case, to avoid immediate

parting of occupation.

However, in the interest of justice, I am inclined to allow the Original Petition as follows:

There shall be a direction to the learned Munsiff, Kozhikode to try and dispose of I.A.Nos.1 and 2 of 2021 in O.S.No.501/2019, within a period of

three months from the date of receipt of copy of this judgment or its production by the parties concerned.

Considering the prayer for staying the execution, there shall be a direction to the learned Munsiff, Kozhikode to defer the execution of the decree till

the disposal of the I.A.Nos.1 and 2 of 2021 in O.S. No.501/2019, subject to a condition that the petitioner herein, shall deposit or pay Rs.10,000/- as

cost to the respondent/decree holder in this case, within a period of 15 days from today. It is made clear that, if the cost ordered is not paid or

deposited as directed, there shall be no stay in executing the decree and the Execution Court can proceed the decree recording failure to pay the cost

as ordered by this Court.

Registry shall forward a copy of this judgment to the Munsiff Court-I, Kozhikode within seven days.