JUDGMENT

The original petition is filed to stay all further proceedings in EP No.8/2021 in O.S.No.8/2018 of the Court of the Subordinate Judge, Devikulam till the disposal of IA No.1/2021 in unnumbered AS (indigent) No. of 2021 of the Court of the District Judge, Thodupuzha.

2. The petitioner’s case, in brief, in the memorandum of the original petition is that, he was the defendant in O.S. No.8/2018 of the Court of the Subordinate Judge, Devikulam, which was filed by the first respondent. The suit was decreed as per Ext.P1 judgment. Challenging Ext.P1, the petitioner has already filed Ext.P3 appeal before the District Court, Thodupuzha. Along with the appeal, he has filed Ext.P4 application seeking leave to institute the appeal as an indigent person. The Appellate Court has called for a report from the second respondent (State of Kerala) to ascertain whether the petitioner has means to pay the court fee to prefer Ext.P3. During the pendency of Exts.P3 and P4, the first respondent is hastily proceeding with the execution of the decree. The petitioner proposes to file an application to stay the decree, but as the appeal has not been numbered, the application may not be entertained. In