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2025 Supreme(Online)(Ker) 57545
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHIJU BIN SHUJAHI – Appellant
Versus
ALFIYA S. – Respondent
OP(CRL.) NO. 867 OF 2025|CRL.A NO.252 OF 2025|MC NO.60 OF 2025
For the Appellants/Petitioners: SRI.M.R.RAJESH, SMT.SANDHYA E.S.
For the Respondents: SR. PP-SMT.BINDU O.V.
Temporary stays for execution orders can be granted pending adjudication of stay petitions, ensuring timely judicial processes.
Headnote:The petitioner appeals to the Sessions Judge concerning a stay petition filed against an order from the Magistrate in a pending matter. The court directs timely handling of the stay petition. The execution of the previous order is temporarily stayed pending the resolution of the petition regarding it. Final directive issued to ensure timely proceedings.
Key Points from the provided legal document:
- The petitioner, who is the appellant in the criminal appeal, has filed a stay petition against the execution of a Magistrate's order (!) .
- The court has directed the Sessions Judge to dispose of the stay petition (Ext.P8) within three months from the respondent's appearance (!) .
- Until the stay petition is decided, the execution of the Magistrate's order (Ext.P6) is stayed (!) .
- The petitioner has requested the Sessions Judge to expedite the disposal of the stay petition, considering the nature of the relief sought (!) .
- The court emphasizes the importance of timely handling of stay petitions to ensure the proper course of judicial proceedings [petitioner seeks timely direction for stay petition handling][court directed expeditious resolution of stay petitions].
| Table of Content |
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| 1. petitioner seeks timely direction for stay petition handling. (Para 1) |
| 2. court directed expeditious resolution of stay petitions. (Para 2) |
J U D G M E N T
(Dated this the 17th day of December, 2025)
The petitioner is the appellant in Crl.A. No.252 of 2025 on the file of Sessions Court, Thiruvananthapuram, seeks a direction to the Sessions Judge to dispose of Ext.P8 stay petition, as expeditiously as possible.
2. He filed the above stay petition against execution of Ext.P6 order passed by the learned Magistrate in M.C No.60 of 2025 on 09.12.2025. Considering the nature of relief claimed in the petition, notice is not issued to the respondent.
In the above circumstance, this O.P(Crl.) is disposed of with a direction to the learned Sessions Judge to dispose of Ext.P8 stay petition within a period of three months from the date of appearance of the respondent. Till the disposal of Ext.P8 stay petition, execution of Ext.P6 order is stayed.
