JUDGMENT

The original petition is filed to direct the Court of the Subordinate Judge, Attingal (Appellate Court), to consider and dispose of I.A. No.384/2019 (Ext.P3) within a time frame and until such time to stay all further proceedings in E.P.No.36/2018 in O.S. No.469/2012 of the Court of the Munsiff, Attingal (Trial Court).

2. The petitioner’s case is that, he was the defendant in the O.S. No.469/2012 filed by the respondent. The suit was decreed on 28.01.2017. The petitioner has objected to the decree by filing A.S. No.30/2019 before the Appellate Court along with Ext.P3 application to condone the delay of 582 days. The Appellate Court has not considered the stay petition till date. The respondent is now executing the decree. A warrant of arrest has been issued against the petitioner. Therefore, the petitioner has filed I.A. No.1/2022 in the appeal, to advance the hearing of the delay condonation petition and hear the same expeditiously. However, if the petitioner is arrested in the meantime, he would suffer severe hardship. Therefore, the execution court may be directed to keep the coercive proceedings in abeyance. Hence, the original petition.

3. Heard; Sri.Latheesh Sebastian,