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Judgment
Heard the learned counsel for the petitioner. In the nature of relief which I propose to grant below, issue of notice to respondent is not necessary.
Notice is, therefore, dispensed with.
The petitioner filed A.S.No.141/2019 before District Court, Thrissur and also prayed for stay of the proceedings pending before the execution court.
It is submitted that since there is a delay of 1109 days, appeal is yet to be admitted to file and the court below is not in a position to pass any orders
staying execution proceedings.
Ext.P4(a) is the delay condonation petition which is pending for consideration before the lower appellate court. Ext.P4(b) is the stay petition which
is yet to be taken up and orders passed. The submission made by the learned counsel for the petitioner is that unless the execution proceedings are
stayed for a temporary period, he would be put to irreparable loss and hardship.
In the result, original petition is allowed calling upon District Court, Thrissur, to take up Ext.P4(a) delay condonation petition forthwith and pass urgent
orders thereon after hearing the parties in accordance with law. Once the delay is condoned, it goes without saying that the appellate court shall pass
urgent orders on Ext.P4(b) stay petition as well. The appellate court is directed to take up the delay condonation petition for consideration and dispose
it of within a period of three weeks from the date of receipt of a certified copy of this judgment. It is also made clear that the execution proceedings in
E.P.No.209/2017 in O.S.No.934/2011 shall stand stayed for a period of one month. The petitioner shall produce the copy of this judgment before the
appellate court as well as execution court for compliance.
All pending interlocutory applications will stand closed.